Terms and Conditions
The Historical Society of Palm Beach County (“HSPBC”) has created and maintains www.pbchistoryonline.org (the “Web site”) in support of its mission, to collect, preserve, and share the history of Palm Beach County with the public. 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.
Access to and use of the HSPBC’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. The HSPBC 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, educational 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 the HSPBC. The HSPBC makes no warranties or representations and assumes no responsibility whatsoever for any claims against the applicant or the HSPBC 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 the HSPBC 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. 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.pbchistoryonline.org” in addition to all copyright and other proprietary notices contained on the Materials. In granting this limited permission, however, note that the HSPBC 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 the HSPBC’s copyright. Other proprietary rights in the Materials may be held by individuals and/or entities other than the HSPBC, including reproductions of works of art licensed to the HSPBC 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. The HSPBC 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 the HSPBC makes reasonable efforts to include accurate and up-to-date information in this Web site, the HSPBC makes no representations or warranties as to its accuracy. The HSPBC 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 the HSPBC 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. The HSPBC 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, nonconfidential and nonproprietary. Anything you transmit or post may be used by the HSPBC or its affiliates or licensees for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, posting, and the like. The HSPBC 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 HSPBC adheres to the highest ethical standards in gathering, using, and safeguarding personal information. The HSPBC does not rent, sell, or exchange information submitted via this Web site, and use of such information is restricted to the HSPBC for marketing purposes. The HSPBC may contact you to provide information about the HSPBC 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.
Children and Privacy
The HSPBC 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 HSPBC urges all parents to participate in their children’s exploration of the Internet and to teach them about protecting their personal information while online.
Any party wishing to use any the HSPBC Materials from the Web site for any purpose other than the limited purposes identified above must request and receive prior written approval from the HSPBC. Permission for such use is granted on a case-by-case basis at the sole discretion of the HSPBC.
A usage fee may be charged depending on the nature and type of the proposed use. The HSPBC 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 the HSPBC. 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 the HSPBC 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.
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, the HSPBC 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. The HSPBC 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.
You agree to indemnify, defend, and hold the HSPBC, 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 the HSPBC.
The HSPBC 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.