the GREATEST GENERATIONS FOUNDATION

Remembering Those Who Served
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Terms of Use

The Greatest Generations Foundation (TGGF”) provides the content on this website (www.tggf.us), other TGGF websites, and third-party sites on which it maintains a presence (“TGGF Websites”) in support of its mission for the “increase and diffusion of knowledge.”  The Greatest Generations Foundation invites visitors to use its online content for personal, educational and other non-commercial purposes.  By using the TGGF Websites, you accept and agree to abide by the following terms. 

Intellectual Property Rights in Content The Greatest Generations Foundation is the owner of the compilation of content that is posted on the TGGF Websites, which consists of text, images, audio, video, databases, design, codes and software (“Content”).   However, The Greatest Generations Foundation does not necessarily own each component of the compilation.  The  Content that The Greatest Generations Foundation makes available on the TGGF Websites may be owned by The Greatest Generations Foundation,  owned by others and used with their permission (such as user-generated content), or used in accordance with applicable law.  Some Content is in the public domain and some Content is protected by third party rights, such as copyright, trademark, rights of publicity, privacy, and contractual restrictions.

The Greatest Generations Foundation Content is identified as having “no known copyright restrictions” when The Greatest Generations Foundation is unaware of any copyright restrictions on its use.  This may mean that: (1) a copyright existed at one time but was not renewed, or the copyright may have expired, or the owner may have intentionally placed the Content into the public domain; or (2) the Content was never eligible for copyright protection because it was created by an employee of the United States as part of his or her official duties, or (3) there are no copyright markings or other indications on the Content to indicate that it was copyrighted or otherwise restricted; or (4) The Greatest Generations Foundation records do not indicate any evidence of copyright restrictions.  These facts do not necessarily mean that the Content is in the public domain, but rather indicate that no evidence has been found to show that copyright restrictions apply.  

The Greatest Generations Foundation endeavors to provide information that it possesses about the copyright status of the Content and to identify any other terms and conditions that may apply to use of the Content (such as trademark, rights of privacy or publicity, donor restrictions, etc.); however, The Greatest Generations Foundation can offer no guarantee or assurance that all pertinent information is provided or that the information is correct in each circumstance.  It is your responsibility to determine what permission(s) you need in order to use the Content and, if necessary, to obtain such permission.  If you have specific questions or information about Content on the TGGF Websites, please contact The Greatest Generations Foundation or program that is associated with the Content. 

PERMITTED USES  

The Greatest Generations Foundation welcomes you to make fair use of the Content as defined by copyright law.  Information on United States copyright fair use law is available from the United States Copyright Office:   http://www.copyright.gov/fls/fl102.html.  Please note that you are responsible for determining whether your use is fair and for responding to any claims that may arise from your use.

In addition, The Greatest Generations Foundation allows personal, educational, and other non-commercial uses of the Content on the following terms:

1.  You must cite the author and source of the Content as you would material from any printed work.
2.  You must also cite and link to, when possible, TGGF Website as the source of the Content.
3.  You may not remove any copyright, trademark, or other proprietary notices including attribution information, credits, and notices, that are placed in or near the text, images, or data.
4.  You must comply with all terms or restrictions other than copyright (such as trademark, publicity and privacy rights, or contractual restrictions) as may be specified in the metadata or as may otherwise apply to the Content.

For commonly asked questions about use of The Greatest Generations Foundation content, see FAQs below.

Unauthorized Uses Require Prior Written Permission 

You may not use the Content for commercial purposes.  This means that you may not sell the Content or sell materials, products or services that use and incorporate the Content, nor may you use the Content to promote or advertise products or services.   If you wish to use the Content for any purpose beyond the permitted uses, such as a commercial use or publication (except as may be permitted by fair use under the copyright law), you must obtain prior written permission from The Greatest Generations Foundation (or other owner of the Content as applicable).  

Send your permission request or other inquiries, including requests for higher quality formats, including high resolution digital images, to The Greatest Generations Foundation or program that is associated with the Content you wish to use.  Contact information is provided on the museum or program’s website.  If you are uncertain about what office to contact or are seeking permission to include the Content in a commercial product or other item of consumer merchandise, please contact the Office of Product Development and Licensing, info@tggf.us.  If you are seeking to use the Content in a film or video product, or for general assistance with filming requests, please contact The Greatest Generations Foundation direct at 303.331.1944.

TRADEMARKS 

Many of the names, titles, trademarks, service marks, and logos that appear on TGGF Websites are registered or common law (unregistered) marks of The Greatest Generations Foundation.  With the exception of fair use, you may not use the Smithsonian trademarks without prior written permission. Trademarks of third parties may also appear on TGGF Websites from time to time.  You agree that nothing on TGGF Websites shall be construed as granting any license to use any Trademark displayed on TGGF Websites without the express written permission of the owner of the trademark.     

Interactive Features and User-Generated Content 

The Greatest Generations Foundation provides certain interactive features, such as blogs, for the exchange of ideas and information by visitors in furtherance of its mission.  Accordingly, The Greatest Generations Foundation encourages you to interact with its site, subject to the following conditions:

  • You are solely responsible for the content that you submit.
  • By posting content, you are giving The Greatest Generations Foundation and those authorized by The Greatest Generations Foundation permission to use it for any educational, promotional or other standard museum purpose.
  • You will not post any content that is unlawful, harassing, discriminatory, libelous, obscene, false, inflammatory, pornographic, or that infringes on the rights of any third party.
  • You will only post content that is yours or for which you have received permission from the person or entity that owns the content and the related intellectual property rights.
  • You will not insert your own or a third party’s advertising or promotional content into your posting;
  • You understand that The Greatest Generations Foundation may monitor or review discussions, chats, postings, transmissions, bulletin boards or any other postings from time to time and reserves the right, in its sole discretion, to edit or remove any content that does not comply with these conditions.
  • You understand that The Greatest Generations Foundation assumes no responsibility or liability arising from the posting of your content or for any error, defamation, libel, omission, obscenity, danger or inaccuracy contained in any posted information or from any failure or delay in removing such content.
  • You will not introduce any software viruses, worms or other programs designed to damage software, hardware or telecommunications equipment.
  • You agree that you will not collect information about the users of this website or use such information for any purpose.
  • You are not under the age of 13.

The Greatest Generations Foundation reserves the right to monitor content or information provided by website visitors in its sole discretion, to edit or remove any content that, in The Greatest Generations Foundation judgment, does not comply with the foregoing rules, or is otherwise objectionable, inappropriate, or inaccurate.  The Greatest Generations Foundation is not responsible for any user-generated content that is posted on TGGF Websites or for any failure or delay in removing such content.

Copyright Complaints 

If you have any complaints or objections to Content posted on TGGF Websites because it was not properly credited or it was posted without permission and you are the copyright owner, please contact The Greatest Generations Foundation with your contact information and a link to the relevant Content.

Links to Third Party Sites 

The Greatest Generations Foundation may link to third party sites which are not under the control of The Greatest Generations Foundation.  These links are provided as a convenience and for informational purposes only, and they do not indicate The Greatest Generations Foundation endorsement, sponsorship of, or affiliation with the third party or content of the linked website, including any advertisements that may be posted.  The Greatest Generations Foundation has no control over, makes no representation or warranty and bears no responsibility for the accuracy, legality or content of the externally linked sites.

Links FROM Third Party Sites 

Linking is an important feature that facilitates searching and making connections among websites.  If you link to TGGF Websites, you agree to present the link in a manner that does not give the impression that The Greatest Generations Foundation endorses, whether expressly or implicitly, any products, services or opinions provided on your website and that the link contain a clearly written notice that the user is leaving your website and accessing another.

DISCLAIMER 

The Content is provided “as is” without a warranty of any kind, either expressed or implied, including but not limited to the implied warranties of merchantability, fitness for a particular use, and/or non-infringement.  The Greatest Generations Foundation shall not be responsible or liable for any damage that may occur due to your use of TGGF Websites or downloading any Content from TGGF Websites.

Reservation of Rights 

The Greatest Generations Foundation reserves the right to change these Terms of Use from time to time without notice; changes shall be effective upon posting.  Please check back regularly for updates.  Failure of The Greatest Generations Foundation to enforce any of these terms shall not constitute a waiver of such terms.

Warranty and Indemnity  

By using TGGF Websites, you represent and warrant that your use will be consistent with these Terms of Use, including fair use. You agree to indemnify, defend and hold The Greatest Generations Foundation harmless from all claims, causes of action, allegations, costs, expenses, fees (including reasonable attorneys’ fees), judgments, liabilities, losses, and damages arising from or relating to your use of TGGF Websites.

Applicable Law and Jurisdiction 

These Terms of Use and any amendments or revisions shall be governed by applicable federal law and the laws of the state of Colorado, without regard to its conflict of laws principles. Any case, controversy, suit, action, or proceeding arising out of, in connection with, or related to these Terms of Use shall be brought in the appropriate federal court.

PRIVACY 

By using TGGF Websites, you agree that The Greatest Generations Foundation may collect, use and disclose information that you provide as described in The Greatest Generations Foundation Privacy Policy.

Frequently Asked Questions and Answers 

Q. May I put The Greatest Generations Foundation Content on my personal website, blog or my Facebook® (or other social networking) page? 
A. Yes, so long as you:

  • Identify the author and source of the Content;
  • Do not remove any copyright, trademark, or other notices that are placed in or near the Content you use;
  • Do not use the Content to promote, advertise, or sell your own products or services or for any other commercial or unauthorized purpose; and
  • Comply with any other terms or restrictions that may be applicable to the Content. 

Q. Is it an unauthorized use if the host of my website or blog adds advertising to my website or blog? 
A. If that is the only commercial aspect of your website or blog, you may post the Content on that site consistent with these Terms of Use.

Q. I love The Greatest Generations Foundation logo! May I use it on my website? 
No.  You may not use The Greatest Generations Foundation logo or other trademarks without The Greatest Generations Foundation prior written permission.

Q. But what if I want use The Greatest Generations Foundation as a link to The Greatest Generations Foundation website? 
A. Even so, you need The Greatest Generations Foundations prior written permission to use its logo or other trademarks for any purpose (other than fair use as defined by trademark law). For linking, please use a text link, not the logo.

Q. May I use The Greatest Generations Foundation Content on t-shirts that I plan to sell? 
A. No, this would be a commercial use. If you wish to make a commercial use, you must obtain prior written permission. Contact: info@tggf.us 

 Q. If I find The Greatest Generations Foundation Content on a website such as the Flickr Commons and the Content is described as having “no known copyright restriction,” how may I use the Content? 
A. The phrase “no known copyright restriction” means that The Greatest Generations Foundation has determined, to the best of its ability based on available information, that the Content is unlikely to be protected by copyright interests and, in all likelihood, is in the public domain.  However, copyright is often difficult to determine with certainty, so the phrase is intended to say that The Greatest Generations Foundation is unaware of any copyright restriction, but such restrictions may still exist.  In addition, even if the Content is unrestricted from a copyright standpoint, there may be other considerations that would limit your use, such as rights of privacy or publicity of the individuals featured in the images, or contractual restrictions.    For these reasons, The Greatest Generations Foundation makes its content available for personal and non-commercial educational uses consistent with the principles of fair use.  If you decide to use the Content for commercial or other purposes without undertaking to clear all rights, you will be responsible if someone else owns the rights and the owner objects to your use.

Q. How may I use The Greatest Generations Foundation Content in my research paper or other class work? 
A. You may quote, describe, or include a copy of The Greatest Generations Foundation Content so long as you:

Q. Identify the author and source of the Content as you would material from any printed work;
A. Identify the relevant TGGF Website as the source of the Content; Do not remove any copyright, trademark, or other proprietary notices including attribution information, credits, or notices that are placed in or near the text, images, or data that you use; and Comply with any other terms or restrictions that may be applicable to the Content.

Q. How may I use The Greatest Generations Foundation Content in my lectures/lesson plans? 
A. There are many opportunities to include The Greatest Generations Foundation Content in your teaching.  Please visit The Greatest Generations Foundation for more information. In addition to the foregoing, The Greatest Generations Foundation invites you to make educational or fair use of its Content so long as you:

  • Identify the author and source of the Content as you would material from any printed work;
  • Identify the relevant TGGF Website as the source of the Content;
  • Do not remove any copyright, trademark, or other proprietary notices including attribution information, credits, or notices that are placed in or near the text, images, or data;
  • Do not use the Content to promote, advertise, or sell your own products or services or for any other commercial or unauthorized purpose; and
  • Comply with any other terms or restrictions that may be applicable to the Content.