Terms of Use  
 


General Provisions

  • Credit must be given to the Iowa Department of Transportation or the donor of the item in the prescribed form (see Attribution and Copyright Notice.) Users may not falsely claim or represent that they possess intellectual property rights, including copyright, in DOT material.
  • Permission to reproduce, publish, broadcast, display, or distribute an item or text for commercial purposes must be requested in writing. Permission is granted in writing, not orally. Possession of an item does not constitute permission to reproduce or publish it (see Commercial Use Licensing Application Form).
  • Permission is for one-time use only.
  • The Iowa Department of Transportation or legal owner of the image retains all rights to the items or text, and the requestor warrants that they will not be used for any purpose other than that listed on the application form.
  • In some cases, the Iowa Department of Transportation will request that a copy of the publication be donated to the DOT.
  • The requester agrees to hold harmless the Iowa DOT, its officers and employees from any action involving infringement of the rights of any person or heirs and descendants in common law or under statutory copyright.
  • All responsibility for possible copyright infringement, invasion of privacy, and rights of publicity from the use of reproductions is assumed by the user.
    Images may be cropped to suit design and layout, but they may not be altered or drawn upon or manipulated in any way so that they look different from the way they appear in the historical collection or misrepresent the content.
  • Materials may not be used to state or imply the endorsement by Iowa DOT or by any DOT employee of a commercial product, service or activity, or used in any other manner that might mislead the public.
  • Iowa DOT personnel, generally, are not authorized to sign indemnity or hold harmless statements, releases from copyright infringement, or documents granting exclusive use rights.
  • If a recognizable person appears in a photograph, use for commercial purposes may infringe a right of privacy or publicity and permission should be obtained from the recognizable person.

Linking to the images
There are two types of links you can create on your own Web page to display photos from the DOT’s online historic photo collection---1) linking to groups of photos; or 2) linking to a specific photo.

Creating links to a group of photos does not usually require permission in advance. However, creating a link to a specific photo may require permission from the copyright holder of the photo.

Linking to a group of images. You can create a link on your Web page that users can click on to see groups of photos that match a particular query. These links will generate a query to the DOT’s photos and bring up a page of thumbnail images that match the query.

Linking to a specific image. You can also create a link to a specific photo without first asking permission as long as the photo is displayed on the DOT’s Web site when a user clicks on your link. If you create a link to a specific DOT photo that results in the photo being displayed on your Web page (in html terms, using the tag "IMG SRC="), then you must determine whether your use is "Fair Use" or if it requires permission. See “What is “fair use.” Even though you have not actually downloaded the image and saved it to your own computer, displaying it on a page other than a DOT page may require permission from the DOT or other copyright holder depending on whether your use falls under the Fair Use provisions of the U.S. Copyright Law.

Limitation of Liability
THE SITE AND CONTENT ARE PROVIDED AS IS, WITHOUT ANY WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED. THE IOWA DEPARTMENT OF TRANSPORTATION SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING IN ANY WAY FROM (A) ANY ERRORS IN OR OMISSIONS FROM THE SITE, (B) THE UNAVAILABILITY OR INTERRUPTION OF THE SITE OR ANY FEATURES THEREOF, (C) THE UNAUTHORIZED USE OF THE CONTENT CONTAINED ON THE SITE, OR (E) ANY DELAY OR FAILURE IN PERFORMANCE OF THE SITE. IN NO EVENT SHALL THE IOWA DEPARTMENT OF TRANSPORTATION, ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SUCCESSORS, ASSIGNS, AND AFFILIATES (COLLECTIVELY "AFFILIATED PARTIES") BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA, PROFIT, OR GOODWILL AS A RESULT OF LITIGATION OR ADMINISTRATIVE PROCEEDING), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), STATUTORY OR REGULATORY VIOLATION, OR OTHERWISE ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF THE IOWA DEPARTMENT OF TRANSPORTATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Binding Agreement. THIS IS A LEGAL AND BINDING AGREEMENT BETWEEN YOU AND THE IOWA DEPARTMENT OF TRANSPORTATION. When you download image files from this Web site you agree to and accept all the terms of this agreement.

For further information, contact:
Dena M. Gray-Fisher, Director
Office of Media and Marketing Services
Iowa Department of Transportation
800 Lincoln Way
Ames, IA 5001
Ph. 515-239-1922
E-mail: dena.grayfisher@dot.state.ia.us
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