Maine Memory Network Policies & Agreements

MAINE HISTORICAL SOCIETY WEBSITE TERMS OF USE AND PRIVACY POLICY

Maine Historical Society ("us", "we", or "our") operates the websites www.mainehistory.org, www.mainememory.net, www.vintagemaineimages.com, and www.hwlongfellow.org (our "websites," "sites" or "Services").

This page informs you of our policies regarding your access and use of our websites (our "Terms of Use") and the collection, use, and disclosure of personal data when you use our Services and the choices you have associated with that data (our "Privacy Policy"). Our Terms of Use and Privacy Policy are collectively referred to as this "Agreement."

Our websites share a single login/password system, databases of user information, and collection of historic items contributed by Maine's cultural institutions (hereafter referred to as "contributing partners"). Below are the guidelines for use on all Maine Historical Society websites

TERMS OF USE

Acceptance

These Terms of Use constitute a legal agreement between you and the Maine Historical Society. PLEASE READ THIS AGREEMENT IN ITS ENTIRETY. BY USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE, PLEASE DISCONTINUE USING THE SITE IMMEDIATELY.

Intellectual Property and Use of Content

This site is the intellectual property of Maine Historical Society. The content on this site, including but not limited to, text, graphics, photographs, images, moving images, sound, illustrations, digital files, content, objects and design are the property of the Maine Historical Society and its contributing partners and is protected by copyright, trademark, and other intellectual property laws.

No part of the Maine Historical Society websites, their design or any of the content may be used for personal or financial gain without the permission of Maine Historical Society. The material on our websites may not be distributed, duplicated or sold without permission. Websites are a form of publication. You must obtain permission before you can use any image or other material on your own website.

Images presented on the Maine Memory Network are for viewing, evaluation, classroom educational and personal use only. Personal use is defined as in-home or research use only.

Copies of select digital images are for sale as prints or for publication via VintageMaineImages.com, or through our Image Services department. For more information, contact (207) 774-1822 x217, or info@vintagemaineimages.com. Permission for commercial use, publication, manipulation, display or distribution must be obtained prior to use, through the online purchasing process or by contacting Image Services. All other uses are restricted; please refer to our licensing policies, to which you must agree before completing the purchase process.

Maine Historical Society websites and its contributing partners make every effort to give proper attribution to the source of each image. If you believe that any material is improperly catalogued or credited, please contact us so that we may make a correction or remove the image from the website. Please use the forms on the website, or contact us with details at info@mainehistory.org.

It is your obligation to determine and follow all copyright or use restrictions of the material presented within. We encourage you to investigate fair use policies, contact us for more information, or review the United States Copyright Office's website at http://lcweb.loc.gov/copyright/ for more information on the use of copyrighted works.

You must credit Maine Historical Society or the appropriate contributing partner in connection with any use of any image or other materials. Credit information for each item on MaineMemory.net and VintageMaineImages.com appears with the cataloging information for each image.

Purchased "Copy Prints" are intended for personal use only, such as for framing and displaying on a wall. Copy Prints may not be reproduced or distributed in any form. If you want to use an image for commercial uses, publication, or any use other than personal use, you must license a digital file.

Purchase forms must be completed before any license or other permission to publish is granted. The Maine Historical Society and the contributing partners reserve the right to grant or deny any license or other permission to publish, in their sole discretion. It is your responsibility to read the purchase and use policies prior to making a purchase or license.

Availability and Access

Maine Historical Society will not be liable if for any reason all or any part of our websites is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our Services, or the entire Service, to users, including registered users. You are responsible for both making all arrangements necessary for you to have access to the Service and ensuring that all persons who access the Service through your internet connection are aware of and comply with this Agreement.

To access the Service or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Service that all the information you provide on the Service is correct, current, and complete. You agree that all information you provide to register with this Service or otherwise, including, but not limited to, through the use of any interactive features on the Service, is governed by our Privacy Policy (detailed below) and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to our Services or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of the terms of this Agreement.

You may use the Services only for lawful purposes and in accordance with the terms of this Agreement. You agree not to use our websites in any way that violates any applicable federal, state, local, or international law or regulation, for the purpose of exploiting, harming, or attempting to exploit or harm minors or any other users in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise, or to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Service, or which, as determined by us, may harm or expose the Maine Historical Society, its contributing partners, or users of the site to liability.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for download from the internet or on our sites will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF OUR WEBSITES OR ANY SERVICES OR ITEMS OR IMAGES OBTAINED THROUGH OUR WEBSITES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

Your use of our websites, its content, and any services, images or items obtained through our websites is at your own risk. Our websites, content, and any Services or items obtained through our websites are provided on an "AS IS" and "AS AVAILABLE" basis, without any warranties of any kind, either express or implied. Neither Maine Historical Society nor any person associated with Maine Historical Society makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of our websites. Without limiting the foregoing, neither the Maine Historical Society nor anyone associated with the Maine Historical Society represents or warrants that the website, its content, or any services or items obtained through the website will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that our sites or the servers that makes the sites available are free of viruses or other harmful components, or that our websites or any services or items obtained through our websites will otherwise meet your needs or expectations.

TO THE FULLEST EXTENT PROVIDED BY LAW, MAINE HISTORICAL SOCIETY AND ITS CONTRIBUTING PARTNERS HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.

Limitation of Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL MAINE HISTORICAL SOCIETY, ITS CONTRIBUTING PARTNERS, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OUR WEBSITES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON OUR WEBSITES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

Indemnification

You agree to defend, indemnify, and hold harmless Maine Historical Society, its contributing partners, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of the terms of this Agreement or your use of our websites or Services, including, but not limited to, your use of any content on our websites, other than as expressly authorized in the terms of this Agreement, or your use of any information obtained from out sites.

Waiver and Severability

No waiver by Maine Historical Society of any term or condition of its Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Maine Historical Society to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision.

If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of this Agreement will continue in full force and effect.

Entire Agreement

This Agreement constitutes the sole and entire agreement between you and Maine Historical Society regarding your use of our website and our Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding our website or our Services.

Governing Law and Jurisdiction

All matters relating to our websites and this Agreement and any dispute or claim arising therefrom or related thereto shall be governed by and construed in accordance with the internal laws of the State of Maine without giving effect to any choice or conflict of law provision or rule. Unauthorized use or misuse of the material presented on our sites may be pursued in the state and federal courts in the State of Maine, under United States copyright law. You agree to submit to the jurisdiction of such courts in the State of Maine.

Validity

If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms.

PRIVACY POLICY

This section informs you of our policies regarding the collection, use, and disclosure of personal data when you use our Services and the choices you have associated with that data.

We collect and use your data to provide and improve our Services. By using our Services, you agree to the collection and use of information in accordance with this Privacy Policy. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in the rest of this Agreement.

Information Collection and Use

We collect several different types of information for various purposes to provide and improve our Services. The data that we collect includes the following:

Personal Data

While using our Services, we may ask you to provide us with certain personally identifiable information that can be used as contact information or to identify you ("Personal Data"). Personally identifiable information may include, but is not limited to:

  • Email address
  • First name and last name
  • Phone number
  • Address, City, State, Province, ZIP/Postal code
  • Spouse or family relationships (for membership)
  • Birthday (for age limitations)
  • School or organization name (for affiliation information)
  • Usage Data (defined below)

Usage Data

We may also collect information about how you access and use our Services ("Usage Data"). This Usage Data may include information such as your computer's Internet Protocol address (e.g., IP address), browser type, browser version, the pages of our Services that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

We use cookies and similar tracking technologies to track the activity on our Services and hold certain information.

Cookies are files with small amounts of data, which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Tracking technologies also used are beacons, tags, and scripts to collect and track information and to improve and analyze our Services.

You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Services such as the login authentication and "back to search results."

Examples of cookies we use include:

  • Session Cookies. We use Session Cookies to operate our Services.
  • Preference Cookies. We use Preference Cookies to remember your preferences and various settings.
  • Security Cookies. We use Security Cookies for security and access control purposes.

Purposes and Legitimate Interests for Processing your Personal Data or Usage Data

Maine Historical Society may process and use the Personal Data, and Usage Data that it collects for various purposes, including:

  • To provide and maintain our Services
  • To notify you about changes to our Services
  • To allow you to participate in interactive features of our Services
  • To process your Maine Historical Society membership or donations
  • To register you for events
  • To provide customer care and support or otherwise communicate with you
  • To provide analysis or valuable information so that we can improve our Services
  • To monitor the usage of our Services
  • To detect, prevent and address technical issues
  • To refine our Services to better tailor them to your needs

Maine Historical Society has a legitimate interest in processing your Personal Data or Usage Date to understand the needs, concerns, and interests of its website users, which allows Maine Historical Society to operate optimally as an organization. At other times, Maine Historical Society has a legitimate interest in maintaining the Personal Data and Usage Data of those who communicate voluntarily with us through our sites. Maine Historical Society may also rely upon your consent to process your Personal Data or Usage Data, in which case we will keep a record of such consent and will honor your choices.

Transfer of Data

Your information, including Personal Data and Usage Data, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.

We provide our websites for use by persons located in the United States. We make no claims that our websites or any of its content is accessible or appropriate outside of the United States. If you are located outside the United States and choose to provide information to us, please note that we will transfer and maintain your information, including Personal Data and Usage Data, within the United States. Your submission of such information represents your agreement to that transfer.

Maine Historical Society will take all reasonably necessary steps to ensure that your data is treated securely and in accordance with this Privacy Policy. No transfer of your Personal Data or Usage Data will take place to a third-party or country outside of the United States unless there are adequate controls in place.

Disclosure of Data

Maine Historical Society may disclose your Personal Data or Usage Data to third-parties in good faith when such action is necessary to:

  • To comply with a legal obligation
  • To protect and defend the rights or property of Maine Historical Society
  • To prevent or investigate possible wrongdoing in connection with our Services
  • To protect the personal safety of users of our Services or the public
  • To protect against legal liability
  • To comply with your request to authorize such disclosure or a person demonstrating legal authority to act on your behalf requests or authorizes such disclosure
  • To provide the information to our agents, vendors, or service providers who perform functions on our behalf, which allow us to provide and maintain our Services

Security of Data

The security of your data is important to us, but please remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data and Usage Data, we cannot guarantee its absolute security. Any transmission of Personal Data, Usage Data or other information is at your own risk.

Service Providers

We may use third-party companies and individuals to facilitate our Services, to provide our Services on our behalf, to perform related services or to assist us in analyzing how our Services are used.

These third parties have access to your Personal Data and Usage Date only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

Third-Party Analytics

We may use third-party service providers as additions to our Services or to monitor and analyze the use of our Services. Our websites may provide links to websites that are owned or operated by others ("third-party websites").  When you use a link online to visit a third-party website, you will be subject to that website's privacy and security practices, which may differ from ours. You should familiarize yourself with the privacy policy, terms of use and security practices of any linked third-party website before providing any information on that website.

Our third-party service providers include, but are not limited to:

  • Google Analytics

Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Services. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.

You can opt-out of having your activity on our Services available to Google Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js, and dc.js) from sharing information with Google Analytics about visits activity.

For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy?hl=en.

  • Disqus

Disqus offers an online public comment sharing platform where users may login and create profiles to participate in conversations with peers and enjoy an interactive experience. By using their comment sharing platform and software, you understand and agree to the terms of their privacy policy. You further understand that Disqus is a public platform and that they or other users may search for, see, use, or re-post any of your user content that you post through the Disqus platform.

For more information on the privacy practices of Disqus, please visit the Disqus Privacy & Terms web page: https://help.disqus.com/terms-and-policies/disqus-privacy-policy.

  • Blackbaud

Blackbaud is a third-party vendor used to manage membership information and payments, donations, and event ticketing. These transactions are subject to the Blackbaud Privacy Policy: https://www.blackbaud.com/privacy-policy.aspx.

  • MailChimp

MailChimp (The Rocket Science Group, LLC), is used to manage email marketing subscriber lists and send emails to our subscribers. Our email newsletter is called the E-Connection. By subscribing to our newsletter and emails, you understand and agree to the terms of MailChimp's privacy policy: https://mailchimp.com/legal/privacy/.

  • Authorize.net

Authorize.net is a third-party payment processor that assists in securely processing your personally identifiable payment information, including recurring charges (if any). The credit card information that you provide is encrypted and transmitted directly to Authorize.Net. We do not store your credit card information and do not control and are not responsible for Authorize.Net or its collection or use of your information. You may find out more about how Authorize.Net stores and uses your credit card information by accessing the Authorize.net Privacy Policy: https://www.authorize.net/about-us/privacy/.

Right to Access and Update Your Information

You have a right to correct and update the record of your Personal Data maintained by Maine Historical Society if it is inaccurate. You may request that Maine Historical Society erase your data or cease processing it, subject to certain exceptions. We may not accommodate a request to update or change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

If you would like to confirm whether Maine Historical Society is processing your Personal Data or if you would like to obtain a record of or access the Personal Data that Maine Historical Society may have about you, please contact us at info@mainehistory.org.

Links to Other Sites

Our websites may contain links to other sites that are not operated by us. If you click on a third-party link, you will be directed to that third-party's site. We strongly advise you to review the Privacy Policy and Terms of Use of every site you visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third-party sites or services.

Children's Privacy

The Children's Online Privacy Protection Act (COPPA) regulates online collection of information from children under the age of 13. We encourage you to learn more about the Children's Online Protection Act at: https://www.consumer.ftc.gov/articles/0031-protecting-your-childs-privacy-online.

Registration is not necessary to use Maine Historical Society websites. The "Album" and "Slide-show" functions, exhibitbuilder and sitebuilder, and comment threads of the site do, however, require that users register and provide a user name, email address and password. All users under the age of thirteen must use the children's registration page, which prevents children from disclosing personal identifying information.

If you are under the age of 13, you may use the site for free without registering, or create an account on the children's registration page at https://www.mainememory.net/user/register/child. When registering, you must state that you are 13 years of age or older, and agree to these Terms of Use. Only a user name and password is required. No other identifying information is gathered or stored with this account.

If you are a parent or guardian and you are aware that your child has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we will take steps to remove that information from our servers. Please contact us at info@mainehistory.org, or (207) 774-1822, or you can write to 489 Congress Street, Portland, Maine 04101.

Changes to our Terms of Use or Privacy Policy

We may update our Terms of Use or Privacy Policy from time to time. We will notify you of any changes by posting the new Terms of Use or Privacy Policy on this page.

We will announce changes through a prominent notice on our Services prior to the change becoming effective and will update the date at the bottom of this page.

You are advised to review these Terms of Use and Privacy Policy periodically for any changes. Changes to our Terms of Use or Privacy Policy are effective when they are posted on this page.

Contact Us

All other notices, feedback, comments, requests for technical support, and other communications relating to our website or Services should be directed to:

Maine Historical Society
489 Congress St.
Portland, ME 04101
info@mainehistory.org
www.mainehistory.org
(207) 774-1822 (ph)
(207) 775-4301 (fx)

©2000-2019 Maine Historical Society, All rights reserved.

Last Updated 4.11.2019