Terms and Conditions
The California Historical Society (“CHS”) has created and maintains www.californiahistoricalsociety.org (the “Web site”) in support of its mission to inspire and empower Californians to make the past a meaningful part of their contemporary lives. Access to and use of this Web site is subject to the following terms and conditions (“Terms and Conditions”) and all applicable laws. By accessing and browsing the Web site, you accept, without limitation or qualification, the Terms and Conditions and other notices, and acknowledge full and complete acceptance of these terms.
Terms and Conditions
Access to and use of CHS’s image and text files and data on this Web site are subject to the following Terms and Conditions:
1. The text, images, and data on the Web site are protected by copyright and may be subject to other restrictions as well. CHS and relevant third parties retain all rights, including copyright, in data, images, audio and video clips, software, documentation, text, and other information contained in these files (collectively, the “Materials”). Users may download Materials subject to the preceding and following Terms and Conditions, and subject to any additional terms or restrictions applicable to the individual file or program, provided all copyright and other proprietary notices contained on the Materials are retained.
2. The Materials are made available for use without permission only for personal or research use, or for fair use as defined in United States copyright laws. The user is responsible for securing any required third party permission, including, without limitation, permissions pertaining to copyright or other intellectual property rights for the proposed use of images owned or controlled by CHS. CHS makes no warranties or representations and assumes no responsibility whatsoever for any claims against the applicant or CHS by artist, their agents, estates or by any parties in connection with the reproduction of items on the Web site. The user agrees to indemnify CHS and hold it harmless against any and all such claims, including copyright infringement claims, royalty or fee demand and/or actions, including the cost thereof, and invasions of privacy arising as a result of the user’s reproductions of items on the Web site. Any and all royalty payments or other requirements specified by the copyright owner of such a work must be paid or honored by the publishers or agent printing from users must cite the author/artist and source of this Material as they would material from any printed or other work, and the citation should include the URL “www.californiahistoricalsociety.org” in addition to all copyright and other proprietary notices contained on the Materials. In granting this limited permission, however, note that CHS does not warrant or represent that use of Materials displayed on the Web site will not infringe the rights of third parties not owned by or affiliated with CHS’s copyright. Other proprietary rights in the Materials may be held by individuals and/or entities other than CHS, including reproductions of works of art licensed to CHS by third parties such as artists or artists’ heirs holding rights to these works, or images of people or places displayed on the Web site. Use of these images by you is prohibited unless specifically permitted by these Terms and Conditions.
3. CHS expressly prohibits the use, copying, display, publication, distribution, transmission, modification, re-posting, or exploitation for commercial or public purposes of any protected Materials on the Web site, and permits only the purposes described above.
4. While CHS makes reasonable efforts to include accurate and up-to-date information in this Web site, CHS makes no representations or warranties as to its accuracy. CHS assumes no liability or responsibility for any errors or omissions in the content of the Web site.
5. Use of and browsing in the Web site is at your own risk. Neither CHS nor any other party involved in creating, producing, delivering or maintaining the Web site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the Web site. Without limiting the foregoing, all Materials on the Web site 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 PURPOSE, AND/OR NONINFRINGEMENT. CHS assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property resulting from your access to, use of, browsing in, or downloading of any Materials from the Web site.
6. Except where specifically indicated otherwise, any communication or material you transmit to the Web site by electronic mail or other means, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and nonproprietary. Anything you transmit or post may be used by CHS or its affiliates or licensees for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, posting, and the like. CHS is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Web site for any purpose whatsoever, including, but not limited to, the development, manufacture, and marketing of products using such information.
The CHS adheres to the highest ethical standards in gathering, using, and safeguarding personal information submitted via this Web site. The CHS does not rent, sell, or exchange information submitted via this Web site, and use of such information is restricted to the CHS for marketing purposes. The CHS may contact you to provide information about CHS activities, programs, membership, development, and other opportunities, products, and special events that may interest you. We disclose only in aggregate form our statistical analyses or demographics of users to third parties, such as advertisers, potential advertisers, or persons involved in product development or manufacturing.
Visitors to this Web site who do not wish to have their personally identifiable information collected are asked to not provide such information. If you have provided your e-mail address and wish to remove it from the CHS’s mailing lists, please send an e-mail message to email@example.com. The CHS will make reasonable efforts to delete your e-mail address from existing files.
The CHS makes every effort to ensure that all transactions occurring on its Web site will be secure. When credit card information is submitted via the Internet to the CHS’s site, it is encrypted using “Secure Socket Layer” (SSL) encryption. SSL prevents your credit card information from being seen as it travels to our Web site.
Children and Privacy
The CHS is concerned about protecting children’s privacy and does not knowingly collect personal information from children under 13 years of age. Children should always ask parents for permission before providing personal information to any Web site or purchasing any products or services online. The CHS urges all parents to participate in their children’s exploration of the Internet and to teach them about protecting their personal information while online.
Cookies are data that are stored on your computer’s internal hard drive in order for us to enhance your shopping experience. These cookies keep track of basic information about you to facilitate future purchases. If you reject cookies, you will have to re-enter this information the next time you visit our site. CHS cookies will not be shared with third parties.
Any party wishing to use any CHS Materials from the Web site for any purpose other than the limited purposes identified above must request and receive prior written approval from CHS. Permission for such use is granted on a case-by-case basis at the sole discretion of CHS. Please contact firstname.lastname@example.org or to download a permissions form click here.
A usage fee may be charged depending on the nature and type of the proposed use. CHS reserves the right not to grant permission to use its Materials, and does not grant permission to use Materials of third parties.
The trademarks, online logo marks, and service marks (the “Trademarks”) displayed on the Site are registered and/or unregistered Trademarks of CHS. The Trademarks of third parties may also be displayed on the Web site. Nothing contained in this Web site should be construed as granting, by implication, estoppel, or otherwise, any right or license to use any Trademark displayed on the Web site without written permission of CHS or any third-party owner of the Trademark displayed on the Web site. Your misuse of the Trademarks displayed on the Web site, including alteration or use out of context, is strictly prohibited.
Content Provided by Users
Although CHS may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on the Web site, CHS is under no obligation to do so and assumes no responsibility or liability arising from the content of any such items nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Web site. Users are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. CHS will fully cooperate with any law enforcement authorities or court order requesting or directing CHS to disclose the identity of anyone posting any such information or materials.
Disclaimer of Warranties
This Web site is provided to you “as is” and “as available” with no warranty. To the maximum extent permitted by law, CHS disclaims all warranties or conditions of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, the implied condition of satisfactory quality and implied warranties arising from course of dealing or course of performance. CHS does not warrant, or make any representations that: (a) the Web site will meet your requirements; (b) the Web site will be uninterrupted, timely, secure, or error free; (c) the results or information that may be obtained from use of the Web site will be accurate or reliable; (d) the quality of any products, services, information, other material purchased or obtained by you through the Web site will meet your expectations; or (e) the Web site or material accessible through the Web site is free of viruses or other harmful components. You acknowledge that if you rely on any information or content on the Web site, you do so solely at your own risk. Some jurisdictions do not allow the exclusion of certain warranties, so the above exclusions may not apply to you.
Digital Millennium Copyright Act
For purposes of the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. Sec. 51(c)(2), CHS has designated an agent for notification of claimed infringement as follows: Operations Department, California Historical Society, 678 Mission Street, San Francisco, CA 94105, 415-357-1848 x222, email@example.com. CHS 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.
Applicable Law and Jurisdiction
The Web site (excluding links to Web sites operated by others) is controlled and operated by CHS in San Francisco, California. Although CHS has made no effort to publish the Web site elsewhere, it is accessible in all fifty U.S. states and in other countries due to its presence on the World Wide Web. As each of these states and countries has laws that may differ from those of California and from each other, and as you and CHS both benefit from establishing a predictable legal environment in which to publish, access, and use CHS’s Web site, by publishing, accessing, and/or using the Web site you agree that all matters arising from or relating to the use and operation of the Web site will be governed by the laws of the State of California, without regard to its conflict-of-laws principles. You agree that all claims you may have arising from or relating to the operation or use of the Web site will be heard and resolved in the courts of San Francisco, California. You consent to personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceedings in such courts, and covenant not to assert any objection to proceedings in such courts. If you choose to access the Web site from locations other than San Francisco, California, you will be responsible for compliance with all local laws of such other locations.
You agree to indemnify, defend, and hold CHS, its trustees, officers, agents, employees, and volunteers 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 Web site.
Any waiver of any provision of this Agreement must be in writing and signed by an authorized representative of CHS. CHS may at any time revise these Terms and Conditions and other notices contained herein by updating this posting. You are bound by such revisions and should periodically visit this page to review the then-current Terms and Conditions.