Documents of Latin American and Latino Art

The following sets forth the privacy policy of the International Center for the Arts of the Americas (“ICAA”), a part of the Museum of Fine Arts, Houston (“MFAH”), with respect to access to, use of, and communications with the ICAA or the MFAH regarding the website located at http://icaa.mfah.org (the “Website”) and the content on the Website, including text, images, audiovisual works, architectural works, documentation, databases, design, codes, software, and other property (collectively the “Digital Archive,” individually the “Content”). The terms of this privacy policy govern any such interactions on the Website, Digital Archive, with the Content, or with ICAA or MFAH, except that this privacy policy does not apply to websites or services, whether or not such websites or services are owned, operated, or controlled by MFAH, which link to a different privacy notice. ICAA and MFAH assume no responsibility for the policies, practices, or terms of use of any third-party website not owned, operated, or controlled by ICAA or MFAHA. A link to this privacy policy is included in the footer information published on every page of the Website.

Your use of the Website, registration of an ICAA Account (defined below), or communication with the ICAA or MFAH regarding the Website, the Digital Archive, or the Content, by email constitute your agreement to the terms of this privacy policy.

Please note that the ICAA or MFAH may revise this privacy policy at any time and without notice. These changes are effective immediately when they are posted on the Website.

1. ICAA Commitment to Your Privacy

The ICAA respects the privacy and personal information of the users of the Website, Digital Archive, and Content. The ICAA and MFAH will not share information you provide with third-parties not owned, operated, or controlled by the MFAH unless disclosure is required by law or you elect to permit the ICAA of MFAH to share such information with third parties when you register for an ICAA Account. ICAA and MFAH retain the information collected from you for their records; however, your username and password will not be shared with any third parties except with third-party vendors assisting the ICAA with the operation of the Website, as set forth in Section V, or in the event that disclosure is required by law. 

2. The Information Collected by the ICAA

When you access the Digital Archive or register for an ICAA Account, the ICAA collects identifiable and/or non-personally identifiable information that may be used to, among other things, assist its visitors with the use of the Website and Digital Archive, track the usage of the Digital Archive, and protect the copyrights of Digital Archive materials. The information ICAA and MFAH collect depends on how you interact with the Website, Digital Archive, and/or Content. The ICAA does not collect personally identifiable information about users unless it is specifically requested and provided.

A. Information ICAA and MFAH Collect Automatically

Non-Personally Identifiable Information Collected from All Users
An ICAA Account is not required to visit the Website, and accessing or viewing the Digital Archive and Content; however, such usage may involve the collection of information by the ICAA regarding your access, in which case this privacy policy shall apply. ICAA and MFAH automatically collect certain kinds of non-personally identifiable information each time you visit the Website. Non-personally identification may include the website that referred you to the Website and Digital Archive; navigational information, including pages you view, the links you click, the time spent on various pages within the Digital Archive; actions you take in connection with the Website, Digital Archive, and Content; and other information as discussed below under “Cookies and Other Technologies. ICAA and MFAH may also collect information about your equipment, operating system, browser, and the domain name of your Internet service provider to help optimize user experiences on the Website and navigating the Digital Archive and Content. 

Non-Personally Identifiable Information Collected from ICAA Account Holders
In addition to the information collected automatically from users who do not register for an ICAA Account, ICAA and MFAH may collect additional non-personally identifiable information from ICAA Account holders, which may include the frequency of your visits to certain pages, frequency of downloads, and the IP address and location from which you access the Website, Digital Archive, and the Content.

Aggregate Statistics
The ICAA may also compile and provide aggregate statistics about its visitors and users, traffic patterns, and related institutional information to third parties, but these statistics will not include personally identifying information.

B. Information you Provide Directly

Archive Account Registration (Creating an Account)
If you wish to print or download material from the Digital Archive, you must first register for an account (an “ICAA Account”) through the Website and acknowledge the ICAA’s Terms and Conditions of Use. In addition to the non-personally identifiable information collected automatically, ICAA and MFAH collect personally identifiable information when you register for an ICAA Account. This personally identifiable information may include: your name, user-name, password, name of institution represented (if applicable), email address, and the purpose of your visit. Following your registration, and from time to time while your ICAA Account is active, ICAA and MFAH may periodically request additional personally identifiable information to verify your ownership of the ICAA Account. 

Making a Donation or Purchase of Materials (online or on-site)
All online or on-site donations to the ICAA or purchases of ICAA materials are handled by the MFAH and, as such, are governed by the Privacy Policy set forth at www.mfah.org. The ICAA does not independently collect any personally identifiable information such as the type that is normally collected in the course of processing a donation or purchase transaction by the MFAH.

Emailing the ICAA
If you email the ICAA, your message and email address may be saved by the ICAA. Any message, material, business information, ideas, concepts, or other information sent to the ICAA by email will be treated as non-confidential and non-proprietary. 

3. Sharing the Information ICAA and MFAH Collect

Except as disclosed in this privacy policy, ICAA and MFAH do not share the information collected with any third-party not owned, operated, or controlled by ICAA or MFAH. 

The ICAA is one of many departments within the MFAH. The information collected from you when you register for an ICAA Account or when you access, visit, or view the Website, Digital Archive, and Content, may be valuable within the MFAH to other departments. Therefore, ICAA and MFAH may share the personally identifiable and non-personally identifiable information collected within those departments owned, operated, and/or controlled by MFAH, each of which may use your personally identifiable information and other information collected solely for the purposes described in this privacy policy.

The ICAA or MFAH may share the information collected from you with service providers or MFAH departments which perform services on ICAA’s or MFAH’s behalf. As an example, ICAA may share your personally identifiable information with the MFAH Development Office if you contact ICAA to process or make an online or on-site donation, see “Making a Donation or Purchase of Materials” above. 

The ICAA and the MFAH may hire third-party vendors to facilitate response to the needs of Website users and to protect the copyrights to the materials housed in the Digital Archive. The ICAA and MFAH may also hire third-party vendor to provide services including, but not limited to, data storage, host websites, assist in marketing and communications, analyze the efficiency and preferences of the Website and Digital Archive for users, and conduct audits. ICAA and MFAH’s vendors shall only be permitted to receive the information which is absolutely necessary to provide their respective services. The ICAA and MFAH require each third-party vendor to maintain the confidentiality and security of all information they are provided, consistent with ICAA and MFAH’s obligations under the law and this policy. 

Additionally, the ICAA and the MFAH restrict these vendors from using the information that you had provided in ways unrelated to the ones described herein; in turn, the ICAA and the MFAH must provide you with an opportunity to either opt-in or opt-out of such use, or otherwise to prohibit such unrelated uses.

Respect for the intellectual property laws which protect the Website, Digital Archive, and Content is a critical objective of ICAA and MFAH. The rights in and to the Website, Digital Archive, and Content, may or may not be controlled or held by ICAA or MFAH. The ICAA Terms of Use set forth the terms and rules for your interaction with the Website, Digital Archive, and Content, and are expressly incorporated into this privacy policy by reference for all purposes. A breach of the ICAA’s Terms of Use may require legal action to protect the ICAA’s rights, MFAH’s rights, the rights of copyright or trademark owners, or for ICAA or MFAH to fulfill their obligations under one or more contracts with intellectual property rights holders. ICAA or MFAH may disclose information collected from your use of the Website, Digital Archive, Content, or which you provide directly to ICAA or MFAH through registration of an ICAA Account or via email, in ICAA or MFAH’s sole discretion, to intellectual property rights holders in the event of such a breach of the ICAA Terms of Use. You shall have no recourse against ICAA or MFAH for any such disclosures made by the ICAA or MFAH in such event. ICAA or MFAH further reserve the right to disclose the information collected from you if ICAA or MFAH has a good-faith belief either is required to do so under law (including national security or law enforcement requirements, or if ICAA or MFAH has a good-faith belief that such action is reasonably necessary to comply with legal process, responding to a claim, or protecting the rights, property, or safety of the ICAA, MFAH, other MFAH departments, employees of ICAA, MFAH, or the public. 

4. Data Security & Retention

To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, the ICAA has put into place appropriate physical, electronic, and managerial procedures to safeguard and secure the information that is collected online. The ICAA utilizes SSL (Secure Socket Layer) technology, which encrypts the names and addresses of all visitors to and users of the Website.

Cookies
The Website utilizes “cookies,” which are small data files that are automatically sent to your browser from a Web server and stored on your computer’s hard drive. They do not contain any personally identifiable information about you and are generally used to gather information for analyzing the Website’s activity and traffic. This measure is intended to improve the Website’s content and navigation. You have the option to set your browser so that it does not accept cookies. Most of the Website will function without cookies; however, if you wish to create an ICAA Account, cookies are required.

Location of the Personally Identifiable Information 
Personally identifiable information ICAA and MFAH collects is stored and processed in data centers in the United States. ICAA and MFAH take steps to ensure the information collected under this privacy policy is processed according to the provisions of this privacy policy, and the laws of the United States. ICAA and MFAH do not transfer any personally identifiable information collected outside of the United States except if required to by law or to protect the rights of intellectual property rights holders.

Retention
ICAA and MFAH retain personally identifiable information for as long as necessary to provide the essential purposes of the Website, Digital Archive, and Content, such as complying with legal obligations, resolving disputes, and enforcing ICAA or MFAH agreements. Because these needs can vary for different types of information in different contexts, actual retention periods vary and are based on criteria such as user expectations or consent; the sensitivity of the data; the availability of automated controls that enable users to delete personally identifiable information; and ICAA or MFAH legal or contractual obligations.

Protecting Your Password
ICAA and MFAH take appropriate and reasonable steps to protect your personally identifiable information from unauthorized access, use, disclosure, alteration, and destruction, as identified herein. Unfortunately, no method is 100% secure. For this reason, ICAA and MFAH cannot unconditionally guarantee the protection of your personally identifiable information. ICAA Accounts require a password in order to protect your account and personally identifiable information. It is your responsibility to keep that password confidential. Failure to do so may be a breach of the ICAA Terms of Use.

5. Use of the Information; User Preferences

ICAA and MFAH use the non-personally identifiable and personally identifiable information collected through your use of the Website, Digital Archive, and Content for the purposes described in this policy, including:

• Providing, managing, improving, securing, troubleshooting, and maintaining the Website, Digital Archive, and Content.
• Understanding user and ICAA Account holder preferences.
• Providing customer service and responding to inquiries.
• Analyzing of uses of the Website, Digital Archive, and Content to improve services, technologies, and protect intellectual property rights holders.
• Communicating to users information about news, exhibitions, publications, and programs offered by ICAA and MFAH.

In the United States, when you register for an ICAA Account, you will be signed up to receive marketing communications emails which include upcoming exhibitions, publications, and other programs offered by the ICAA and the MFAH. 

The ICAA and MFAH respect your preferences as they pertain to the institutional use of personally identifiable information. When you register for an ICAA Account, you will be asked to indicate whether you wish to opt-in to any of the following uses of your personally identifiable information:

• Sending emails to you about upcoming events, new exhibitions, news regarding the ICAA, and other relevant information; and/or
• Sending information to you regarding new or forthcoming publications or newly available material.

If the processing of your personally identifiable information is subject to one or more European Union data protection laws, you have certain rights with respect to that information:

• You can request access to, and recertification or erasure of, your personally identifiable information;
• If any automated processing of your personally identifiable information is based on your consent or a contract with you, you have a right to transfer or receive a copy of your personally identifiable information in a usable and portable format;
• If the processing of your personally identifiable information is based on your consent, you may withdraw consent at any time for future processing;
• You may object to, or obtain a restriction of, the processing of your personally identifiable information under certain circumstances; and
• For residents of France, you may send us specific instructions regarding the use of your personally identifiable information after your death.

If you wish to opt-out of one or more of the above uses, or make any of the above requests, please direct your correspondence or request to the following address, including your name, email account, and postal address to the address, indicating from which of the foregoing uses you wish to opt-out or which requests regarding the processing of your personally identifiable information you would like to make:

International Center for the Arts of the Americas

The Museum of Fine Arts, Houston

5100 Montrose Blvd., Houston, Texas 77006

Phone: 713-353-1528; email: icaa@mfah.org

Under European Union data protection laws, you may have a right to lodge a complaint with a supervisory authority, but we encourage you to first contact us with any questions or concerns. Please be aware that some of the rights stated above may not apply to you in some or all instances, including where processing your personally identifiable information is subject to the exercise of a legal defense or claim.

6. Accessing and Updating Your Information 

The ICAA and MFAH strive to maintain accurate records for ICAA Account holders. If you would like to review, revise, or update personally identifiable information you provided to ICAA or MFAH, please send a request by email to the address set forth in Section V, above. To protect your privacy and security, the ICAA will take reasonable steps to verify your identity before granting access or making corrections to information maintained by the institution. 

In the event you would like to delete your ICAA Account and exercise your right to have the personally identifiable information you provided to ICAA or MFAH deleted, please send a request by email to the address set forth in Section V above.

Contacting the ICAA

Should you have any questions or concerns regarding this privacy policy, please email icaa@mfah.org, or call the ICAA at (713) 353-1528 during its normal business hours: 9:00 am–5:00 pm (CST).
 

1. Uses of the Website and Digital Archive

The Museum of Fine Arts, Houston (“MFAH”), through its International Center for the Arts of the Americas (“ICAA”) provides this website http://icaa.mfah.org. (“Website”) and the content on the Website, including text, images, audiovisual works, architectural works, documentation, databases, design, codes, software, and other property (collectively the “Digital Archive,” individually the “Content”). The Website and Digital Archive are offered to visitors solely for personal, educational and non-commercial uses. While accessing the Website and viewing the contents of the Digital Archive for the personal, educational, and non-commercial permitted uses, you agree to:

1. Cite and provide attribution to the author, publisher, and source of any Content;
2. Cite and link to the Website and the Digital Archive as the source of the Images, including the URL: http://icaa.mfah.org, and the URL for the specific webpage; and
3. Maintain and not remove any copyright management information and intellectual property notices, attribution information, credits, which are included along with or near the Images.

The following unauthorized uses of the Website and Digital Archive are prohibited:

1. Downloading, copying, or re-transmitting any or all of the Website or the Digital Archive without, or in violation of a written license or agreement with ICAA;
2. Using or authorizing the use of the Digital Archive or Content for commercial purposes or gains, including, selling, licensing, leasing, or charging a “fee-for-service” for the use of the Digital Archive or Content, .without prior and specific authorization from ICAA. “Commercial purposes or gains” shall not include research where end-use is commercial in nature.
3. Reverse engineering, altering, or modifying any part of the Website or the Digital Archive;
4. Overriding, circumventing, disabling, or otherwise interfering with security-related encryption features or software protections employed on the Website or in the Digital Archive, and any system resources, services, or networks connected to or accessible through the Website and Digital Archive;
5. Undertaking any activity (such as introducing computer applications) that automatically downloads or exports Content, commonly known as data mining, web robots, spiders, crawlers, wanderers, or accelerators that may interfere with, disrupt, or otherwise burden the Digital Archive server(s) or any third-party server(s) being used or accessed in connection with the Digital Archive; or
6. Making any use, display, performance, reproduction, or distribution that exceeds or violates these Terms and Conditions of Use, including without limitation any reproduction by electronic means, such as uploading any part of the Digital Archive to a weblog, e-zine, or similar website.

2. ICAA Accounts

ICAA may, from time to time, offer to users the ability to supply certain personally identifiable information to register an account may provide users additional features of the Website and Digital Archive (“ICAA Account”). ICAA Account registrations are subject to acceptance and review of ICAA staff, but neither ICAA nor MFAH shall be required to review any submitted application prior to registration. An ICAA Account shall be associated with only one individual person, who shall be solely responsible for the use of the ICAA Account (“ICAA Account Holder”). ICAA and MFAH’s use of ICAA Account Holder data provided in the course of registration and use of an ICAA Account shall be subject to the ICAA Privacy Policy, which is expressly incorporated herein by reference for all purposes. By providing this personally identifiable information, the ICAA Account Holder expressly acknowledges to ICAA and MFAH that the information is true and correct.

ICAA Account Holders may be permitted to download or print text or images embodied in the Content, subject to these Terms of Use. ICAA Account Holder use of downloaded or printed text or images embodied in the Content is subject to these terms. Neither ICAA nor MFAH grants to user a license to sell, lease, lend, rent, copy, reproduce, distribute, display, create derivative works of, or perform any of the Content provided on the Website or Digital Archive. ICAA Account Holders agree and acknowledge, by accepting these terms and continuing to use the Website, Digital Archive, and Content, that neither ICAA nor MFAH grant to or extend to ICAA Account Holders any license or sub-license to use the Content, Website, or Digital Archive. 

ICAA Account Holders are subject to the terms stated above regarding attribution, copyright management information, intellectual property notices, credits, and source identification. ICAA Account Holders are further subject to the prohibited uses stated above. ICAA reserves the right to monitor ICAA Account Holder activity for prohibited uses. If ICAA or MFAH determine, in their sole discretion, that there has been or has likely to have been a violation of these terms, including but not limited to a prohibited use, breach of these contractual Terms of Use, or intellectual property infringement, ICAA may take steps including, but not limited to, and without notice, terminating the subject ICAA Account; prohibiting the subject ICAA Account Holder from registering another ICAA Account; notifying one or more institutions associated with the ICAA Account Holder; and notifying the copyright holder of any works subject to the violation of these terms. 

ICAA Account Holders are responsible for maintaining the confidentiality and security of their account username and/or password (if such are provided), and for all usage or activity by them of the Website and Digital Archive. ICAA Account Holders may not provide access to the Digital Archive to anyone else, including, but not limited to, setting up an anonymous remailer for purposes of allowing access to the Digital Archive, or setting up company, partnership, join-venture, or institutional accounts.

ICAA Account Holders shall promptly notify the ICAA of any known or suspected unauthorized account use, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of an ICAA Account Holder’s username, password, and/or IP address. Any use of the Website, Content, or Digital Archive beyond the scope or in violation of these Terms of Use, knowing use of any password or username of another, or any fraudulent, abusive, or otherwise illegal activity, may be grounds for account termination or termination of access to the ICAA from an ICAA Account Holder’s IP address, without notice and at the ICAA’s sole discretion.

3. Intellectual Property Rights

General Intellectual Property Rights. Users of the Website and Digital Archive are responsible for complying with United States and international copyright laws. The MFAH and ICAA are owners of the Website and the Digital Archive as a compilation. The MFAH, ICAA, and individual contributors to the Digital Archive have reserved all rights in and to the Digital Archive and the Content. The Website, Digital Archive, and Content may be protected by copyright laws, even without copyright notice. Additionally, the MFAH and ICAA do not warrant that use of the Content will not infringe on the rights of third parties. Furthermore, the underlying works of authorship within the Content are subject to copyright and other proprietary rights of individuals or entities other than, or in addition to, the MFAH or ICAA. 

Fair Use. The MFAH and ICAA welcome you to make fair use of the Digital Archive and Content, within the permitted uses identified in these Terms & Conditions, as it is defined by United States and international copyright laws. Information on United States copyright fair use law is available on at the United States Copyright Office website: http://www.copyright.gov/fls/fl102.html. Please note that each user of the Website, Digital Archive, and Content is solely responsible for determining whether a use is fair, and for responding to any claims which may arise from such use.

Trademarks. Many of the trademarks, service marks, and logos displayed on this Website, including MFAH and ICAA logos, are registered or unregistered common-law trademarks. Additionally, the trademarks, service marks, names, images, likenesses, signatures, and logos of third parties may be displayed on this Website, and are subject to protection under state, federal, or international laws. Nothing contained on this Website shall be construed as granting any license or right to use any name, image, likeness, signature, mark, or logos without the express written consent of the MFAH, the ICAA, or a third-party owner. Any unauthorized use of any name, image, likeness, signature, mark, logo, or any other Content is strictly prohibited.

Copyrights Not Owned by ICAA or MFAH. Apart from cataloguing information and research developed by ICAA, ICAA does not hold the copyright to any documents published in the Digital Archive. For this reason, the ICAA cannot provide permission to any third party, including users and ICAA Account Holders, for the use of these materials in any format. The ICAA has received permissions to reproduce the documents in the Digital Archive, to the extent the documents are not in the public domain, from the holders of the copyrights to these materials. These permissions are limited to the use of the documents as set forth in these Terms of Use respecting the Digital Archive and may be further conditioned by the terms of the permissions received from the copyright holders. Such conditions may include the format in which the document may be reproduced as well as any specific credit information requested and/or provided by the copyright holder. While ICAA Account Holders may be authorized to download or print images or text embodied in the Content and Digital Archive for personal, educational, and non-commercial permitted uses, subject to these Terms of Use, ICAA does not provide high-resolution files for any Content, consistent with ICAA and MFAH’s agreements with copyright holders.

Copyrights Owned by ICAA or MFAH. ICAA and MFAH hold rights to cataloguing information and research developed by ICAA published in the Digital Archive. ICAA may, at its discretion, accept requests to publish this information in a different form or format, subject to ICAA’s review. To request a license to use this information, please contact icaa@mfah.org, providing the name of your Institution; contact name; webpage (if available); name of the document for which you are seeking permission: Digital archive number [ICAA Record ID] and link to the document in the ICAA Archive; name of your project and type of source (book, e-book, website). 
 

4. Warranty; Disclaimers

Without limiting the foregoing, all materials published on this Website 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 ICAA assumes no liability or responsibility for any errors or omissions in the content of the Website. Use of and browsing the Website is at your own risk. Neither the ICAA, the MFAH, nor any other party involved in creating, producing, delivering, or maintaining the Website is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the Website. The MFAH and ICAA do not warrant that use of the Content displayed on the Website or Digital Archive is in the public domain or will not infringe on the rights of third parties not owned by or affiliated with the MFAH. Furthermore, the MFAH assumes no responsibility, and shall not be liable for any damage to or viruses that may infect user’s computer equipment or other property resulting from the use of the Website or Digital Archive. 

The MFAH and ICAA may link to third-party websites which are not under the control of either the MFAH or ICAA. These links are provided for convenience and informational purposes only and do not indicate the MFAH or ICAA’s endorsement, sponsorship, or affiliation with the third-party website, its content, advertisements, or owners. The MFAH and ICAA have not reviewed all of the Website’s links to third-party websites and are not responsible for the content of any third-party websites, pages, or other sites linked on the Website. The user of this Website assumes the risk of linking to any off-site pages or other websites.

5. Indemnity

You agree to indemnify, defend, and hold the MFAH, the ICAA, and their respective supervisors, trustees, officers, agents, and employees 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 Website, Digital Archive, or Content.

6. Digital Millennium Copyright Act

Consistent with the terms herein, it is the ICAA and MFAH’s policy to respect the legitimate rights of copyright holders and their representatives. ICAA has designated an agent for addressing claims of purported infringement. For purposes of the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. Sec. 512(c)(2), the ICAA has designated an agent for notification of claimed infringement, as follows:

International Center for the Arts of the Americas

The Museum of Fine Arts, Houston

P.O. Box 6826, Houston, Texas 77265-6825

5100 Montrose Blvd., Houston, Texas 77006

Phone: 713-353-1528; email: icaacopyrights@mfah.org

The ICAA 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.

Upon receipt of a notification of claimed infringement, we will follow the following procedures and those outlined in the DMCA. A notice of alleged copyright infringement to our designated agent must include the following:

• An electronic or physical signature of the copyright owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notice, a representative list of such works at that site.
• 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 Academies to locate the material.
• Information reasonably sufficient to permit the Academies to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
• A statement that the complaining party has a good faith belief that use of the material in the matter complained of is not authorized by the copyright owner, its agent, or the law.
• A statement that the information in the notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Failure to include all of the above information may result in delay of our processing of the notification. While it is expected that all users and ICAA Account Holders accessing the Website, Content, and Digital Archive will respect applicable copyright laws, if ICAA or MFAH are notified of claimed infringement or otherwise become aware of facts and circumstances from which infringement is apparent, ICAA and MFAH reserve the right to remove or disable access to material claimed to be infringing. ICAA and MFAH will comply with the appropriate provisions of the DMCA in the event a counter-notification is received by our designated agent.

Under appropriate circumstances, ICAA or MFAH may, in their sole discretion, terminated ICAA Accounts associated with repeat infringers.

7. Law and Jurisdiction

These Terms of Use and any amendments, revisions, and documents expressly incorporated within them shall be governed by the laws of the state of Texas, without regard to conflict of laws principles. Any action arising from or in connection with these Terms of Use shall be brought in the appropriate state or federal court sitting in Houston, Harris County, Texas.

8. Amendment; Reservation of Rights

The MFAH and ICAA reserve the right to modify these Terms of Use at any time with or without prior notice. Users are bound by any modifications and shall periodically review the Terms of Use. Failure to comply with the Terms of Use may result in denial of access to and use of the Website, Digital Archive, the Content, or other legal remedies. Failure of the MFAH or the ICAA to enforce these Terms of Use shall not constitute a waiver of such terms.