Terms & Conditions
Web site Terms and Conditions
Effective May 17, 2023
Web Site Materials and Content
The text, images, and data available on and through the Web site are protected by copyright and may be subject to other restrictions as well. BSA and relevant third parties retain all rights, including copyright, in data, images, audio and video clips, software, documentation, text, and other information contained in these files (collectively, the “Materials”). Users may download Materials subject to the preceding and following Terms and Conditions, and subject to any additional terms or restrictions applicable to the individual file or program, provided all copyright and other proprietary notices contained on the Materials are retained.
The Materials are made available for use without permission only for personal or research use, or for fair use as defined in United States copyright laws. The user is responsible for securing any required third-party permission, including, without limitation, permissions pertaining to copyright or other intellectual property rights for the proposed use of images owned or controlled by BSA. BSA makes no warranties or representations and assumes no responsibility whatsoever for any claims against the applicant or BSA by artist, their agents, estates or by any parties in connection with the reproduction of items on the Web site. The user agrees to indemnify BSA and hold it harmless against any and all such claims, including copyright infringement claims, royalty or fee demand and/or actions, including the cost thereof, and invasions of privacy arising as a result of the user’s reproductions of items on the Web site. Any and all royalty payments or other requirements specified by the copyright owner of such a work must be paid or honored by the publishers or agent printing from users must cite the author/artist and source of this Material as they would material from any printed or other work, and the citation should include the URL “www.bgstudies.org” in addition to all copyright and other proprietary notices contained on the Materials. In granting this limited permission, however, note that BSA does not warrant or represent that use of Materials displayed on or available through the Web site will not infringe the rights of third parties not owned by or affiliated with BSA’s copyright. Other proprietary rights in the Materials may be held by individuals and/or entities other than BSA, including reproductions of works of art licensed to BSA by third parties such as artists or artists’ heirs holding rights to these works, or images of people or places displayed on the Web site. Use of these images by you is prohibited unless specifically permitted by these Terms and Conditions.
BSA expressly prohibits the use, copying, display, publication, distribution, transmission, modification, re-posting, or exploitation for commercial or public purposes of any protected Materials available on or through the Web site, and permits only the purposes described above.
While BSA makes reasonable efforts to include accurate and up-to-date information in this Web site, BSA makes no representations or warranties as to its accuracy. BSA assumes no liability or responsibility for any errors or omissions in the content available on or through the Web site.
Permissions: Any party wishing to use any BSA Materials from the Web site for any purpose other than the limited purposes identified above must request and receive prior written approval from BSA. Permission for such use is granted on a case-by-case basis at the sole discretion of BSA. Please contact the Vice President of BSA.
A usage fee may be charged depending on the nature and type of the proposed use. BSA reserves the right not to grant permission to use its Materials, and does not grant permission to use Materials of third parties.
Trademarks: The trademarks, online logo marks, and service marks (the “Trademarks”) displayed on the Site are registered and/or unregistered Trademarks of BSA. The Trademarks of third parties may also be displayed on the Web site. Nothing contained in this Web site should be construed as granting, by implication, estoppel, or otherwise, any right or license to use any Trademark displayed on the Web site without written permission of BSA or any third-party owner of the Trademark displayed on the Web site. Your misuse of the Trademarks displayed on the Web site, including alteration or use out of context, is strictly prohibited.
Your Use of the Web Site
Use of and browsing in the Web site is at your own risk. Neither BSA nor any other party involved in creating, producing, delivering or maintaining the Web site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the Web site. Without limiting the foregoing, all Materials on the Web site 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 PURPOSE, AND/OR NONINFRINGEMENT. BSA assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property resulting from your access to, use of, browsing in, or downloading of any Materials from or through the Web site.
Other than your personal information transmitted through the membership application form, any communication or material you transmit to the Web site by electronic mail or other means, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and nonproprietary. Anything you transmit or post (other than your personal information transmitted through the membership application form) may be used by BSA or its affiliates or licensees for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, posting, and the like. BSA is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Web site for any purpose whatsoever, including, but not limited to, their publication and the development, manufacture, and marketing of products using such information.
Content Provided by Users
You warrant the accuracy of any information and content you share with BSA, including through membership applications, and further warrant that no such information you share with the BSA or content you post or provide in any way on or through the Web site violates any applicable laws.
BSA is under no obligation to do so and assumes no responsibility or liability arising from the content posted to or transmitted through the Web site, nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any such content on the Web site. Users are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. BSA will fully cooperate with any law enforcement authorities or court order requesting or directing BSA to disclose the identity of anyone posting any such information or materials.
Disclaimer of Warranties
This Web site is provided to you “as is” and “as available” with no warranty. To the maximum extent permitted by law, BSA disclaims all warranties or conditions of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, the implied condition of satisfactory quality and implied warranties arising from course of dealing or course of performance. BSA does not warrant, or make any representations that: (a) the Web site will meet your requirements or expectations; (b) the Web site will be uninterrupted, timely, secure, or error free; (c) the results or information that may be obtained from use of the Web site will be accurate or reliable; (d) the quality of any products, services, information, other material purchased or obtained by you through the Web site will meet your expectations; or (e) the Web site or material accessible through the Web site is free of viruses or other harmful components. You acknowledge that if you rely on any information or content on the Web site, you do so solely at your own risk. Some jurisdictions do not allow the exclusion of certain warranties, so the above exclusions may not apply to you.
Digital Millennium Copyright Act
For purposes of the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. Sec. 51(c)(2), BSA has designated an agent for notification of claimed infringement as follows: William F. Zieske, Zieske Law and Fine Arts Legal, contact: 312-252-9599 email@example.com. All correspondence is to be prominently marked “BSA – DMCA.” BSA provides this contact information for purposes of the DMCA only and reserves the right to respond only to correspondence that is relevant to the purposes of DMCA compliance.
Applicable Law and Jurisdiction: The Web site (excluding links to Web sites operated by others) is controlled and operated by BSA in Illinois. Although BSA has made no effort to publish the Web site elsewhere, it is accessible in all fifty U.S. states and in other countries due to its presence on the World Wide Web. As each of these states and countries has laws that may differ from those of Illinois and from each other, and as you and BSA both benefit from establishing a predictable legal environment in which to publish, access, and use BSA’s Web site, by publishing, accessing, and/or using the Web site you agree that all matters arising from or relating to the use and operation of the Web site will be governed by the laws of the State of Illinois, without regard to its conflict-of-laws principles. You agree that all claims you may have that arise from or relating to the operation or use of the Web site will be heard and resolved in the state or federal courts located in Cook County, Illinois. You consent to personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceedings in such courts, and covenant not to assert any objection to proceedings in such courts. If you choose to access the Web site from locations other than Illinois, you will be responsible for compliance with all local laws of such other locations.
Indemnity: You agree to indemnify, defend, and hold BSA, its trustees, officers, agents, employees, and volunteers harmless from all claims, causes, allegations, costs, expenses, fees (including reasonable attorneys’ fees), judgments, liabilities, losses, and damages arising from or relating to your use of or operation of the Web site.
Waiver: Any waiver of any provision of this Agreement must be in writing and signed by an authorized representative of BSA. BSA may at any time revise these Web Site Terms and Conditions and other notices contained herein by updating this posting. You are bound by such revisions and should periodically visit this page to review the then-current Web Site Terms and Conditions.