TERMS OF USE
Effective Date: February 26, 2026
Organization: The Berkley Foundation for Historical Books and Documents d/b/a The Berkley Collection (“the Foundation,” “we,” “us,” or “our”)
By accessing or using this website (the “Site”), you agree to be bound by these Terms of Use (“Terms”). If you do not agree to these Terms, please do not use the Site.
1. About the Foundation
The Berkley Foundation for Historical Books and Documents is a nonprofit organization recognized as tax-exempt under Section 501(c)(3) of the Internal Revenue Code.
2. Use of the Site
The Site is provided for general informational and educational purposes only. You may use the Site solely for personal, noncommercial purposes. You agree not to (a) copy, reproduce, republish, upload, post, transmit, or distribute any Site content without prior written permission; (b) modify, adapt, translate, or creative derivative works from Site content; (c) use the Site in a manner that could damage, disable, overburden, or impair its operation; or (d) attempt to gain unauthorized access to any portion of the Site or its systems.
3. Intellectual Property
All content on the Site, including but not limited to text, photographs, images, graphics, logos, video, audio, and design elements, is owned by or licensed to the Foundation and is protected by copyright, trademark, and other laws. No right, title, or interest in any Site content is transferred to you as a result of your use of the Site.
4. Photography, Images, and Media
Images and media displayed on the Site may depict works of art, exhibitions, programs, or events and may be subject to rights held by artists, estates, lenders, photographers, or other third parties. The absence of a copyright notice does not indicate that the content is free to use. Use of any images or media from the Site without express written permission is prohibited.
5. Links to Third-Party Sites
The Site may contain links to third-party websites for convenience or informational purposes. The Foundation does not control and is not responsible for the content, policies, or practices of third-party sites. Access to such sites is at your own risk.
6. Accuracy and Disclaimers
While the Foundation strives to provide accurate and current information, the Site may contain errors or omissions. Content is provided “as is” and “as available,” without warranties of any kind, express or implied.
7. Limitation of Liability
To the fullest extent permitted by law, the Foundation shall not be liable for any damages arising out of or related to your use of—or inability to use—the Site, including indirect, incidental, or consequential damages.
8. Accessibility
The Foundation is committed to providing an accessible website. We strive to meet WCAG 2.1 AA standards and welcome feedback on the accessibility of our website. Please contact info@theberkley.org to report any accessibility concerns.
9. Changes to These Terms
The Foundation may update these Terms at any time by posting revised Terms on this page with a revised effective date. Continued use of the Site constitutes acceptance of the revised Terms.
10. Governing Law
These Terms are governed by the laws of the State of New York.
11. Contact Information
Email: info@theberkley.org
COPYRIGHT AND IMAGE USE POLICY
Effective Date: February 25, 2026
This policy governs the use of images, text, and other content made available on the Foundation website (the “Site”).
1. Ownership of Content
Unless otherwise stated, all content on the site—including text, photographs, images, graphics, logos, video, audio, and design—in owned or licensed to the Foundation and is protected by copyright and other intellectual property laws. Content on the Site may also include materials used by permission of artists, photographers, archives, or other rights holders.
2. No Implied License
Nothing on the Site shall be construed as granting, by implication or otherwise, any license or right to use any content without the prior written permission of the Foundation or the applicable rights holder.
3. Prohibited Uses
Without express written permission, you may not: (a) reproduce, distribute, or publish any images or media from the Site; (b) use Site content for commercial, promotional, or fundraising purposes; (c) use images or text in print or digital publications, films presentations, or social media; (d) download, capture, or systematically collect images or media from the site; (e) use Site content in a manner that suggests Foundation endorsement or affiliation.
4. Educational and Fair Use
Limited use of Site content may be permitted under applicable fair use or educational exceptions to copyright law. Users are solely responsible for determining whether their use qualifies under such exceptions.
5. Trademarks
The Foundation’s name, logo, and related marks are trademarks of the Foundation and may not be used without prior written permission, except to identify the Foundation in a factual, non-promotional manner.
6. Requests for Permission
Permission requests should be sent to info@theberkley.org with a description of the intended use (including format, audience, distribution), a description or link to the requested content, whether the use is commercial or nonprofit, and the publication date and duration of use. Permission may be granted or denied at the Foundation’s discretion.
7. Copyright Concerns
If you believe material on the Site infringes your copyright, please contact us with sufficient detail to evaluate the claim, including (a) identification of the copyrighted work; (b) the URL of the material in question; and (c) your contact information.
8. Policy Updates
The Foundation may update this policy from time to time. Changes will be posted on this page with a revised effective date.