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Terms and Conditions
Thank you for your interest in our interactive digital archive of primary sources available via the World Wide Web called the web-based The HistoryMakers Digital Archive ("WEB ARCHIVE"). These terms and conditions of use ("TERMS AND CONDITIONS") constitute a legal agreement ("AGREEMENT") between you and The HistoryMakers ("THE HISTORYMAKERS"), an Illinois State not-for-profit corporation. Please read this agreement in its entirety. By clicking on "I agree to The HistoryMakers' Terms and Conditions" you agree to be bound by the TERMS AND CONDITIONS of the AGREEMENT.
Ownership and Use of the WEB ARCHIVE
The WEB ARCHIVE of digital images and interviews is owned and operated by THE HISTORYMAKERS. All of the content featured or displayed in the WEB ARCHIVE, including, but not limited to, text, graphics, photographs, images, moving images, and sound ("CONTENT"), is owned by THE HISTORYMAKERS, or its licensors and content providers. All elements of the WEB ARCHIVE, including, but not limited to, the general design and the CONTENT, are protected by copyright, moral rights, trademark and other laws relating to intellectual property rights. NO portion or element of the WEB ARCHIVE or its CONTENT may be copied, downloaded, or retransmitted via any means and the WEB ARCHIVE, its CONTENT and all related rights shall remain the exclusive property of THE HISTORYMAKERS or its licensors unless otherwise expressly agreed. Individuals or organizations must apply for, and obtain written permission from THE HISTORYMAKERS to republish, or use any part of THE HISTORYMAKERS' work. In applying for such permission, the user will be required to describe the purpose of the work, the extent of the use, and the form in which it will appear.
THE HISTORYMAKERS DOES NOT MAKE ANY WARRANTY WHATSOEVER, INCLUDING WITHOUT LIMITATION: THAT THE WEB ARCHIVE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; THAT THE WEB ARCHIVE, INCLUDING THE SERVER THAT MAKES IT AVAILABLE, IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE MATERIAL IN THE WEB ARCHIVE; OR AS TO THE ACCURACY, RELIABILITY, AVAILABILITY, SUITABILITY, QUALITY, OR OPERATION OF ANY INFORMATION, SOFTWARE, OR SERVICE PROVIDED ON OR ACCESSIBLE FROM THE WEB ARCHIVE.
THE WEB ARCHIVE AND ALL INFORMATION, PRODUCTS AND CONTENT INCLUDED OR ACCESSIBLE FROM THE WEB ARCHIVE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND (EXPRESS, IMPLIED AND STATUTORY, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF TITLE AND NON-INFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE), ALL OF WHICH THE HISTORYMAKERS DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW. YOUR USE OF THE WEB ARCHIVE IS AT YOUR SOLE RISK.
Limits of Liability
In no event shall THE HISTORYMAKERS be liable for any direct, indirect, special, incidental, punitive or consequential damages arising out of or related to the use, inability to use, authorized use, performance or nonperformance of this site, even if THE HISTORYMAKERS was previously advised of the possibility of such damages and regardless of whether such damages arise in contract, tort, under statute, in equity, at law or otherwise.
You shall indemnify THE HISTORYMAKERS and its licensors against any losses, expenses, costs or damages incurred by as a result of your breach of the terms of this Agreement or your unauthorized use of the Content and related rights.
THE HISTORYMAKERS may terminate your access to the WEB ARCHIVE at any time.
These TERMS AND CONDITIONS are governed by the laws of the United States and the State of Illinois, without giving effect to any principles of conflicts of law.