Terms of Use and Privacy Policy

This Web site is an online information and communication service provided by George Eastman House and its affiliated companies. Please read these Terms of Use carefully before using this site. By using this site, you signify your agreement with these Terms of Use. If you do not agree with any of these Terms of Use, do not use this site. George Eastman House reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms of Use at any time. Such modifications shall be effective immediately upon posting of the modified Terms of Use. By using this service after we have posted notice of such modifications, alterations or updates, you agree to be bound by the revised terms. George Eastman House retains the right to deny access to anyone at its complete discretion for any reason including for violation of any of these Terms of Use. This Web site provides links to many other Web sites affiliated with George Eastman House that may have Terms of Use different from, or in addition to, these Terms of Use, particularly in the case of Web sites hosting third-party content or that allow postings by third-parties. By accessing such Web sites through links provided on this Web site, you agree to abide by the Terms of Use of such Web sites.

Trademarks, Copyrights And Restrictions

This site is controlled and operated by George Eastman House, 900 East Ave · Rochester, NY 14607. The phone number is 585.271.3361. All material on this site, including, without limitation, images, illustrations, audio clips and video clips, is protected by copyrights, trademarks and other intellectual property rights which are owned and controlled by George Eastman House, its affiliated companies or by other parties who have licensed their material to George Eastman House. Material on www.envzn.com or any Web site owned, operated, licensed or controlled by George Eastman House is solely for your personal, non-commercial use. Such material may not be copied, reproduced, republished, modified, uploaded, posted, transmitted or distributed in any way, including, without limitation, by e mail or other electronic means, without the express prior written consent of George Eastman House. Use of such material on any other Web site or networked computer environment, or use of such material for any purpose other than personal, non-commercial use, is a violation of George Eastman House's copyrights, trademarks or other proprietary rights, and is prohibited.

Links

This site may contain links to other Web sites ("Linked Sites"). The Linked Sites are for your convenience only, and you access them at your own risk. George Eastman House is not responsible for, and does not endorse, the content of any Linked Sites whether or not George Eastman House is affiliated with the sponsors of a Linked Site. Visitors to any Linked Site are urged and expected to abide by the Terms of Use and Privacy Policies of that particular Linked Site.

George Eastman House welcomes links to this site. You may establish a hypertext link to this site, provided that the link does not state or imply any sponsorship or endorsement of your site by George Eastman House. You may not use on your site any trademarks, service marks or copyrighted materials appearing on the George Eastman House site, including, without limitation, any logos or characters, without the express written consent of the owner of the mark or right. You may not frame or otherwise incorporate into another Web site any of the content or other materials on the George Eastman House site without the prior written consent of George Eastman House.

Disclaimer of Warranties and Liability

THE MATERIALS ON THIS WEB SITE ARE PROVIDED "AS IS," AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ESPERNET DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH, UNDER THE LAWS APPLICABLE TO THESE TERMS OF USE, ARE IMPLIED BY LAW AND ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION. NEITHER ESPERNET, NOR ITS AFFILIATED COMPANIES, NOR ANY PERSON INVOLVED IN THE CREATION, PRODUCTION AND DISTRIBUTION OF THIS WEB SITE WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ESPERNET OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE MATERIAL THAT YOU READ ON THIS WEB SITE IS PROVIDED FOR ENTERTAINMENT AND PROMOTIONAL PURPOSES. ESPERNET DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THIS WEB SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE.

YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. YOU EXPRESSLY AGREE THAT NEITHER ESPERNET, NOR ITS AFFILIATED COMPANIES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES OR AGENTS, NOR ANY PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION AND DISTRIBUTION OF THIS WEB SITE, ARE RESPONSIBLE OR LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM THE USE OR MISUSE OF THIS SITE OR ANY OTHER ESPERNET WEB SITE. BY WAY OF EXAMPLE, AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ESPERNET SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY CLAIM OR DAMAGE ARISING FROM FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION, COMPUTER VIRUS, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO OR ALTERATION OF PERSONAL RECORDS, OR THE RELIANCE UPON OR USE OF DATA, INFORMATION, OPINIONS OR OTHER MATERIALS APPEARING ON THIS SITE. YOU (AND NOT ESPERNET) ASSUME THE ENTIRE COST OF AND RESPONSIBILITY FOR ANY AND ALL NECESSARY SERVICING, REPAIR OR CORRECTION RESULTING FROM YOUR USE OF THIS SITE. IN ADDITION, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ESPERNET IS NOT LIABLE OR RESPONSIBLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD PARTIES.

Indemnification

You agree to indemnify, defend and hold harmless, George Eastman House, its subsidiaries and other affiliated companies, its and their officers, directors, employees, agents, licensors, suppliers and any third-party information providers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Use. George Eastman House reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with George Eastman House in asserting any available defenses.

Jurisdictional Issues

Unless otherwise specified, the materials on this Web site are presented solely for the purpose of entertainment and promoting products and services available in the United States of America, its territories, possessions and protectorates. This site is controlled and operated by George Eastman House from its offices within the State of New York, United States of America. George Eastman House makes no representation that products and services promoted on this Web site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with their local laws, if and to the extent local laws may be applicable. These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the State of New York, United States of America, as they are applied to agreements entered into and to be performed entirely within such State. Any action you, any third party or George Eastman House bring to enforce these Terms of use or, in connection with, any matters related to this Web site shall be brought only in either the state or federal courts located in Monroe County, New York, and you expressly consent to the jurisdiction of such courts. If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severed from these Terms of Use, and shall not affect the validity and enforceability of any remaining provisions. These Terms of Use represents the entire agreement between the parties relating to the matters governed by it and shall not be modified except in a writing executed by a duly authorized representative of George Eastman House.

Privacy

George Eastman House is very respectful about the privacy concerns of the visitors to its sites on the Internet. As a general policy, no personal information is automatically collected from visitors to this Web site. However, certain non-personal information of visitors is recorded by the standard operation of George Eastman House's Internet servers. This information is primarily used to provide an enhanced online experience for the visitor. Information tracked includes the type of browser being used by the visitor (e.g., Netscape, Internet Explorer), the type of operating system (e.g., Macintosh, Windows) in use by the visitor and the domain name of the visitor's Internet service provider (e.g., George Eastman House Internet, America Online, Earthlink). By having this information, Web pages optimized for a particular visitor's computer are automatically made available to that visitor. Other use of this information may include internal review of the number of visitors to this Web site but only in an aggregate and not in personally identifiable form. E mail addresses and other personally identifiable data about visitors to this Web site are known to George Eastman House only when voluntarily submitted by the visitor. George Eastman House will only use personally identifiable data provided at this Web site for the purposes described at the time it is collected (e.g., the e mail addresses visitors provide in order to receive e mail alerts will only be used for the purpose of sending the requested e mail alerts). Other George Eastman House Web sites, as well as any other third-party sites linked to this Web site, may each have different privacy policies and practices. You should carefully review these other Web sites' privacy policies in order to determine how each site may use any personal information you provide.

A Special Note for Parents Concerning Privacy

On sites specifically designed for children, George Eastman House makes a special effort to encourage children to consult with their parents before furnishing data. However, George Eastman House believes that parents should supervise their children's online activities and consider using parental control tools available from online services and software manufacturers that help provide a "kid-friendly" online environment. These tools can also prevent children from disclosing online their name, address, and other personal information without parental permission. For additional information about parental control tools, please consult the "Consumer Assistance" page of the Direct Marketing Association home page (www.the-dma.org).

Last updated 04.27.2004



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