Terms & Conditions
We are The Eric Carle Museum of Picture Book Art, Inc. (the “Museum,” “we” and “our”), a non-profit Massachusetts corporation located at 125 West Bay Road, Amherst, MA 01002. These Terms & Conditions (the “Terms”) form the rules that apply to anyone who visits and interacts with our website (www.carlemuseum.org) (the “Website”). We provide visitors to our Website (including you) with wholesome ways to learn and experience art, culture, and imagination as inspired by the legendary children’s book author, Eric Carle. You can also use the Website to book admission tickets, become a member, learn about current and future exhibitions and events, shop at our online storefront, make donations, and rent space for your next event.
Acceptance of Terms & Conditions
Your access to, and use of, the Website is expressly subject to your agreement to be bound by these Terms as well as to all applicable federal and state laws. By accessing the Website, you unconditionally accept and agree to be bound all of the Terms herein. You must be at least eighteen (18) years old to use the Website unless your use of the Website is approved of, and supervised, by your parent or legal guardian. Your use of the Website constitutes your assent to be bound by these Terms. If you do not agree to the Terms, then you should immediately cease all use of the Website.
You agree to refrain from: (i) violating any of these Terms, (ii) using the Website in furtherance of any violation of applicable law, and (iii) interfering with (or attempting to interfere with) the operation of the Website. The Museum may, in appropriate circumstances and at its discretion, take reasonable steps to disable and/or terminate the access to the Website of anyone who violates these Terms. You are solely responsible for preventing the authorized use of your Account, credit cards, payment methods, and devices.
In order to participate in some aspects of the Website, including without limitation purchasing items through our online storefront, you may need to create an account through the Website (the “Account”). You must be at least 18 years of age to create an Account. With regard to your registration for an Account, you acknowledge and agree that you will: (A) provide true, accurate, current, and complete information as requested by the registration form; and (B) maintain and update this registration information to keep it true, accurate, current, and complete. You are solely responsible for maintaining the confidentiality of your Account (including your password), and you hereby accept sole responsibility for all activities that occur under your Account. You acknowledge and agree that you shall have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to the Account are owned by us and inure to our benefit. We may suspend or deactivate your Account at any time for any or no reason, with or without notice to you. By way of example only, most Account suspensions or deactivations are the result of a user’s failure to comply with these Terms.
Tickets, Orders & Shipping
Upon placing an order, whether for a membership, an admission or event ticket, or for products through the Website’s store, you will receive an email confirmation. Shipping fees and availability may vary depending on your location. The Museum uses reasonable commercial efforts to ensure that product availability is accurate; however, the Museum shall bear no responsibility for the availability or unavailability of any products prior to when you receive your order confirmation. Applicable shipping notifications (with tracking information) will also be promptly delivered to your email address.
You may return any unused and unworn items included in your online purchase within fourteen (14) calendar days of receiving such item for a full refund, minus the shipping charges. Items returned must be shipped back to the Museum at the address listed above within fourteen (14) calendar days of when the order was shipped to you. When returning an item purchased through our Website store, you shall:
- Call us (using the telephone number listed below) or send us an email at firstname.lastname@example.org and provide us with your order confirmation number. Please note that you will need the return label from the bottom of your packing slip in order to return the item.
- Repack the item in its original packaging and affix the return label from the bottom of your packing slip to the outside of the package. Please note that you are solely responsible for all return shipping costs. You are solely responsible for any loss or damage to returned items. The Museum shall not be responsible for any loss or damage to any return shipments.
- Upon receiving your returned items, the Museum will inspect each item and promptly contact you via email or phone once the item has been accepted.
- For returns that comply with the above, we will issue a refund, minus applicable shipping and handling charges, within seven (7) calendar days of accepting the item. Please note that refunds may take up to ten (10) business days to process and appear on your applicable financial account, depending on your financial institution.
All photographs, images, graphics, video, text, data, information, and other expressive materials on the Website, along with the layout and design of the Website (all of the foregoing, collectively, the “Content”) are protected by the copyright laws of the United States of America and other jurisdictions. The Museum has used reasonable efforts to ensure that the reproduction of all Content on the Website is done in accordance with US copyright law. Please note that, as an educational, non-profit institution, the Museum respects the concept of “fair use” as defined in Section 107 of the Copyright Act. Content may not be reproduced, modified, redistributed or otherwise used in any way without prior written permission from its respective owner, subject to applicable fair use principles, if any. Your use of the Content is strictly at your own sole risk. The Museum makes no warranties about the Content. Some of the Content on the Website may not be owned by the Museum, and the Museum makes no warranty that your use of the Content will not infringe upon the rights of third parties.
Digital Millennium Copyright Act
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the following information to the Museum’s copyright agent:
- Electronic or physical signature of the person authorized to act on behalf of the owner of the copyright.
- Description of the copyrighted work that you claim has been infringed.
- Description of where the material that you claim is infringing is located on the Website.
- Your address, telephone number, and email address.
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
The Museum’s agent for notice of claims of copyright infringement can be reached at the following address:
The Eric Carle Museum of Picture Book Art, Inc.
125 West Bay Road
Amherst, MA 01002, USA
Attention: Copyright Agent
The names and logos that appear on the Website are registered and unregistered trademarks of the Museum or third parties that have granted the Museum the right to use such trademarks. Certain trademarks, including but not limited to The Very Hungry Caterpillar, Penguin Random House, Facebook, and others, are owned by third parties. All trademark rights are reserved by their respective owners, and your use of any trademarks is expressly prohibited absent the prior written permission of their respective owner. You acknowledge and agree that nothing on the Website grants, expressly or implicitly, by estoppel or otherwise, any right or license to use any of these trademarks, nor may anything be construed to mean that the Museum has authority to grant any right or license on behalf of any third-party trademark owner.
Grant of License and Restrictions
Your commercial use of any Content on the Website is expressly forbidden. Content is made available to you for your limited personal, non-commercial use only. You are granted a personal, limited, non-transferable, royalty-free, non-exclusive, non-sub-licensable, revocable license to access the Website for non-commercial purposes only, provided that you do not, and do not allow any third party to:
- Modify, copy, reproduce, broadcast, republish, sell, resell, exploit, reverse engineer (except to the extent permitted by law), disassemble, create derivative works or distribute in any way any portion of the Website or Content.
- Disrupt or assist in the disruption of any Website server or any other user’s Website experience.
- Use any meta tags or any other “hidden text” utilizing the Museum’s name or trademarks.
- Intimidate or harass other users of the Website.
- Collect any information about other users of the Website; create or transmit unwanted electronic communications to other users of the Website; or otherwise interfere with such users’ enjoyment of the Website.
- Use the Website to send junk mail, spam, chain letters, or pyramid schemes.
- Upload, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Website or any computer software or hardware or telecommunications equipment.
The grant of this limited license is conditioned upon your agreement to and compliance with all of these Terms. The Museum reserves the right to add, modify, or delete any information on the Website at any time. The Museum makes no representation or warranty as to the completeness or accuracy of the information contained on the Website. The information contained on the Website may be incomplete, may contain errors, or may become out of date at any time. The Museum makes no commitment and expressly disclaims any duty to update any Content on the Website.
Requests for Use and Images
Requests for use of Content from the Website for purposes other than as authorized above should be directed to: email@example.com. All requests must reasonably identify the Content, include the name of the requester, intended use, author/publisher, date of publication, and Content format requirements. Permission for such use may be granted on a case-by-case basis at the sole discretion of the Museum and/or its licensors. Additional licensing and/or photography fees may be incurred. The Museum reserves the right to deny permission for use of the Content, for any reason or no reason, and the Museum does not grant permission for use of Content owned by third parties.
Linking to Other Sites
When you visit the Website or send e-mails to us, you are communicating with us electronically. We may communicate with you by e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
You agree to indemnify, defend, and hold the Museum and its trustees, employees, contractors, affiliates, officers, directors, agents, co-branders, and other partners, harmless from all claims, causes, allegations, costs, expenses, fees (including reasonable attorneys’ fees), judgments, liabilities, losses, and damages, including but not limited to copyright infringement, as may be brought by any third party due to, or arising from, or in connection with: (i) your use of the Website or any of the Content; or (ii) the use or misuse of your Account.
Disclaimer of Warranties
The Museum provides the Website strictly on an “as is” and “as available” basis. Your use of, and reliance upon, the Website and the Content is strictly at your own risk. The Museum disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, copyright ownership and/or noninfringement of copyrights or other third-party proprietary rights. The Museum does not warrant that the Website will provide continuous, prompt, secure, uninterrupted, or error-free service. The Museum makes reasonable, ongoing efforts to revise and update the Website, but assumes no liability for any errors or omissions, including the inaccuracy of the Content, or for any damages or losses that you or any third party may incur as a result of the unavailability of the Website or your Account. The Museum assumes no responsibility and shall not be liable for any damages to, or viruses or other malicious software or code that may affect, your device, computer equipment, or other property arising from your use of the Website, including but not limited to the reproduction of the Content.
Limitation of Liability
Neither the Museum nor its trustees, employees, contractors, affiliates, officers, directors, agents, co-branders, or other partners shall be liable for any damages, including without limitation, any direct, indirect, incidental, compensatory, punitive, special or consequential damages (even if advised of the possibility of such damages) arising from or related to your use of the Website or the Content. The Museum endeavors to ensure that the products depicted, and information presented on the Website are accurate; however, the configuration of your device might cause the images displayed on the Website to differ slightly from the actual color of each item. We are unable to verify the accuracy or completeness of all information that we display on the Website.
TO THE EXTENT THAT A COURT OF COMPETENT JURISDICTION SHOULD DETERMINE THAT THE MUSEUM IS LIABLE FOR ANY LOSS OR DAMAGE SUFFERED BY ANY CUSTOMER, SUCH CUSTOMER’S ENTIRE RECOVERY SHALL BE CAPPED AT, AND SHALL NOT EXCEED, AN AMOUNT THAT IS EQUAL TO THE AMOUNT PAID BY SUCH CUSTOMER TO THE MUSEUM UNDER THE APPLICABLE ORDER.
If you reside in a jurisdiction that does not allow for the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, the limitations above will not apply to you.
You agree that the Museum would be irreparably damaged if the terms of these Terms were not specifically enforced, and therefore you agree that the Museum shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of these Terms, in addition to such other remedies the Museum may otherwise have available to it under applicable laws.
Severance and Waiver
You acknowledge and agree that in the event any provision of these Terms shall be held by a court of competent jurisdiction to be invalid, unlawful, or unenforceable, in any respect, the validity, legality, and/or enforceability of the remaining Terms contained herein shall not in any way be affected or impaired thereby. In such event, you agree that such invalid term(s) or condition(s) shall be validly reformed by the court to as near approximate the intent of the parties as reflected in the provision, and if unreformable, shall be severed and deleted from these Terms. No failure by the Museum to exercise or enforce any right or provision of these Terms shall constitute a waiver of such right or provision unless agreed to in writing by the Museum in each instance.
Choice of Law and Forum
These Terms, and all disputes arising out of the interpretation or enforcement of the same, shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without giving effect to any principles of conflicts of law.
You agree to use your best efforts to resolve any controversy, claim, action or other dispute arising out of or related to the Website, including any cause of action arising out of or related to these Terms (each a “Dispute” and collectively, the “Disputes”) with us directly, in your individual capacity. If a Dispute arises, you agree to first try in good faith to resolve the Dispute with us by writing to us at: firstname.lastname@example.org. You agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to any litigation.
You agree that any action at law or in equity arising out of or relating to a Dispute shall be filed only in the state courts located in Hampshire County, Massachusetts or the US federal courts located in Hampden County, Massachusetts, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
Disputes may not be joined or consolidated unless agreed to in writing by all parties. To the fullest extent permitted by applicable law, you hereby waive any right to participate in any type of lawsuit brought and/or maintained as a class action or similar in nature to a class action. In the event that this class action waiver is deemed unenforceable, then any putative class action may only proceed in a court of competent jurisdiction without a jury.
International Users: If you are accessing the Website from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure that differ from United States of America laws, be advised that through your continued use of the Website, which is governed by the law of the United States of America and the Website policies, you will be transferring your personal information into the United States of America and you consent to that transfer. Your information may be stored and processed in any country where the Museum has facilities or in which the Museum engages third party service providers. By using the Website, you consent to the transfer of information to countries outside your country of residence, which may have different data protection rules than in your country. While this information is outside of your country, it is subject to the laws of the country in which it is held, and may be subject to disclosure to the governments, courts or law enforcement or regulatory agencies of such other country, pursuant to the laws of such country.
Entire Agreement & Modifications
Please contact the Museum with any questions, comments, or concerns about our Terms or any other aspect of the Museum Website.
The Eric Carle Museum of Picture Book Art, Inc.
125 West Bay Road
Amherst, MA 01002, USA
Attention: Marketing Manager
Last updated on August 14, 2021.
Copyright © 2021 The Eric Carle Museum of Picture Book Art, Inc. All rights reserved.