Terms of Service Effective Date: April 25th, 2019
1. MATERIALS AND INTELLECTUAL PROPERTY RIGHTS
(a) Materials. CHS is the owner of the compilation of content that is posted on the Web Site, which consists of text, images, audio, video, databases, design, codes and software (collectively, the “Materials“). However, CHS does not necessarily own each component of the compilation. The Materials that CHS makes available on the Web Site may be owned by CHS, owned by others and used with their permission (such as third-party institutional content), or used in accordance with applicable law. Some Materials are in the public domain and some Material is protected by third party rights, such as copyright, trademark, and contractual restrictions. For commonly asked questions about use of Materials, see the CHS FAQs Use of Material. Provided that you comply with these Terms and Conditions, CHS grants you a limited, revocable, nonexclusive, nonassignable, nonsublicensable license and right to access and use the Web Site and Materials through a generally available web browser or mobile device.
(b) Permitted Uses. CHS welcomes you to make fair use of the Materials as defined by copyright law. Information on United States copyright fair use law is available from the United States Copyright Office: https://www.copyright.gov/fair-use/more-info.html. In addition, CHS allows personal, educational, and other non-commercial uses of the Material on the following terms:
- You must cite the author and source of the Materials as you would material from any printed work.
- You must also cite and link to, when possible, the Web Site as the source of the Materials.
- You may not remove any copyright, trademark, or other proprietary notices including attribution information, credits, and notices, that are placed in or near the text, images, or data.
- You must comply with all terms or restrictions other than copyright (such as trademark, publicity and privacy rights, or contractual restrictions) as may be specified in the metadata or as may otherwise apply to the Materials.
(c) Unauthorized Uses Require Prior Written Permission. 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. This means that you may not sell the Materials, nor may you use the Materials to promote or advertise products or services. If you wish to use the Materials for any purpose beyond the permitted uses set forth in Section 1(b) (Permitted Uses), such as a commercial use or publication (except as may be permitted by fair use under the copyright law), you must obtain prior written permission from CHS (or other owner of the Materials as applicable).
Send your permission request or other inquiries, including requests for higher quality formats, including high resolution digital images, to CHS for CHS Materials that you wish to use. The applicable contact information for each holding institution and associated programs are listed in Section 9 (Rights, Restrictions and Security Contacts).
You are responsible for securing any required third party permission, including, without limitation, permissions pertaining to copyright or other intellectual property rights for the proposed commercial 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 artists, their agents, estates or by any parties in connection with the reproduction of items on the Web Site. You agree 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 your 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 you. You must cite the author/artist and source of this Material as you would material from any printed or other work, and the citation should include the URL “www.teachingcalifornia.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.
(d) Materials Provided By Users. 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 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.
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.
(e) Copyright Complaints and the Digital Millennium Copyright Act. If you have any complaints or objections to Materials posted on the Web site because it was not properly credited or it was posted without permission and you are the copyright owner, please contact email@example.com, with your contact information and a link to the relevant Materials.
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, firstname.lastname@example.org. 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.
(f) Trademarks. 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.
(a) Links to Third Party Sites. The Web Site may link to third party sites which are not under the control of CHS. These links are provided as a convenience and for informational purposes only, and they do not indicate CHS’s endorsement, sponsorship of, or affiliation with the third party or content of the linked website. CHS has no control over, makes no representation or warranty and bears no responsibility for the accuracy, legality or content of the externally linked sites.
(b) Links from Third Party Sites. Linking is an important feature that facilitates searching and making connections among websites. If you link to the Web Site, you agree to present the link in a manner that does not give the impression that CHS endorses, whether expressly or implicitly, any products, services or opinions provided on your website and that the link contain a clearly written notice that the user is leaving your website and accessing another.
3. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
USE OF AND BROWSING THE WEB SITE IS AT YOUR OWN RISK. NEITHER CHS NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, DELIVERING OR MAINTAINING THE WEBSITE IS LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES ARISING OUT O F YOUR ACCESS TO, OR USE OF THE WEB SITE OR MATERIALS.
WITHOUT LIMITING THE FOREGOING, THE WEB SITE AND 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 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.
YOU ACKNOWLEDGE AND AGREE THAT YOUR EXCLUSIVE REMEDY FOR ANY DISPUTE WITH CHS IS TO STOP USING THE WEB SITE.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF CHS SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
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 (a) your use of or operation of the Web Site; (b) any violation of these Terms and Conditions by you; and (c) the indemnity set forth in Section 1(c) (Unauthorized Uses Require Prior Written Permission) of these Terms and Conditions.
5. PRIVACY AND SECURITY
6. TERM, TERMINATION AND SURVIVABILITY
These Terms and Conditions are effective until terminated. CHS may terminate these Terms and Conditions with or without notice to you by disabling the Web Site. You may terminate these Terms and Conditions by sending an email stating your intention to terminate these Terms and Conditions at: email@example.com, with the subject line “Account Termination”. Such termination will not be effective until acknowledged by CHS but not more than twenty (20) business days after sending such termination email.
The provisions of Sections 1 (Materials and Intellectual Property Rights), 3 (Disclaimer of Warranties and Limitation of Liability), 4 (Indemnity), 6 (Termination and Survivability), and 7 (Applicable Law and Jurisdiction) shall survive any termination of these Terms and Conditions.
7. 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.
8. RIGHTS, RESTRICTIONS AND SECURITY CONTACTS
- Automobile Club of Southern California
- Biblioteca comunale dell’Archiginnasio, Bologna
- Black Gold Cooperative Library System
- Brown University, John Carter Brown Library
- California Digital Newspaper Collection, Center for Bibliographic Studies and Research, University of California, Riverside
- California State Archives
- California State Library
- California State University, Dominguez Hills Department of Archives and Special Collections
- California State University, Los Angeles
- California State University, Northridge
- California State University, Sacramento, Department of Special Collections and University Archives, via CSU’s Japanese American Digitization Project
- Chapman University Archives and Special Collections
- Comune di Bologna Istituzione Biblioteche
- David Rumsey Map Collection
- Hoover Institution Library and Archives
- Ilka Hartmann
- Instituto Nacional de Antropologia e Historia
- Library of Congress
- Liz Mangelsdorf
- Los Angeles County Museum of Art
- Los Angeles Public Library
- Los Angeles Times
- Mariner’s Museum and Park
- Marshall Gold Discovery State Historic Park
- Mission Santa Ines
- National Anthropological Archives
- National Museum of African American History and Culture
- National Museum of American History
- National Museum of the American Indian
- National Park Service
- National Portrait Gallery
- New York Public Library, Schomburg Center for Research in Black Culture, Manuscripts, Archives and Rare Books Division
- Norman B. Leventhal Map & Education Center at the Boston Public Library Oakland Museum of California
- Oakland Public Library, Oakland History Room and Maps Division
- ONE Archives, National Gay & Lesbian Archives at the USC Libraries
- Phoebe A. Hearst Museum of Anthropology
- Prelinger Archives
- Richard Nixon Presidential Library and Museum
- San Francisco State University, Labor Archives and Research Center
- Smithsonian American Art Museum
- Society of California Pioneers
- Stanford Libraries
- State Library of Massachusetts
- Sylvia Mendez
- The Bracero Archive/ Smithsonian National Museum of American History
- The British Museum
- The Claremont Colleges Library
- The Cultural Conservancy
- The J. Paul Getty Museum
- The Metropolitan Museum of Art
- The Nelson-Atkins Museum of Art
- U.S. National Archives and Records Administration
- U.S. National Archives and Records Administration, San Francisco
- UC Berkeley, Bancroft Library
- UCLA, Library Special Collections, Charles E. Young Research Library
- United States Senate
- United Students Against Sweatshops
- University of North Carolina at Chapel Hill Libraries
- University of Oregon Libraries
- University of Pittsburgh, Archives & Special Collections | University Library System (ULS)
- University of Southern California, California Historical Society Collection
- University of Southern California, East Asian Library
- University of Southern California, Jerry Berndt Collection
- Virtual Jamestown, UVA Digital History
- Yale University Art Gallery
(a). Waiver. Any waiver of any provision these Terms and Conditions must be in writing and signed by an authorized representative of CHS.
(b) Notice and Changes to these Terms and Conditions. Notices to you may be made via posting to the Web Site, by email, or by regular mail, in CHS’s discretion. CHS may also provide notices of changes to these Terms and Conditions or other matters by displaying such notices or by providing links to such notices on CHS’s Web Site. 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. All such modifications will be effective immediately upon posting. If You are dissatisfied with any modification to these Terms and Conditions, your only remedy is to terminate your use of the Web Site, as described in Section 8 (Termination and Survivability) of these Terms and Conditions. Your continued use of the Terms and Conditions after a change or update has been made and notice provided constitutes your acceptance of such change or update.
(c) Headings. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.
(d) Severability. If any part of these Terms and Conditions are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms and Conditions shall continue in effect.
(e) Complete Agreement. These Terms and Conditions, including the documents expressly incorporated by reference, constitute the entire agreement between you and CHS with respect to its subject matter. These Terms and Conditions supersede all prior or contemporaneous communications, whether electronic, oral or written, between you and CHS with respect to its subject matter and you represent that you have not relied on any such communications in accepting these Terms and Conditions.
(f) Questions. Any questions, comments or complaints regarding these Terms and Conditions should be directed to CHS at: firstname.lastname@example.org.
(g) General Provisions. A printed version of these Terms and Conditions and of any notices given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The parties agree that all correspondence relating to these Terms and Conditions, shall be written in the English language.