The Gilder Lehrman Institute of American History Terms of Service and Use Agreement

Introduction

Welcome to the Gilder Lehrman Institute of American History (“the Institute”) website! The website is your new home for American history. As a user of the Institute’s website, which includes all pages created and maintained by the Institute under the domain of www.gilderlehrman.org, the user (“you”) implicitly agrees to comply with and be bound by the following Terms and Conditions of Service and Use. The following Terms of Service and Use Agreement together with our Privacy Policy (add link) define and govern the Gilder Lehrman Institute’s relationship with its online users.  The Institute reserves the right to change or amend this Agreement without notice. If you disagree with any part of these terms and conditions or the privacy policy, the Institute asks that you discontinue using the Institute’s website.

What is a Terms of Service and Use Agreement?

A Terms of Service and Use Agreement is a legal agreement between an organization and its users regarding the limits of use and dissemination of the website’s copyrighted materials and intellectual property, limits of liability the organization has pertaining to damages incurred as a result of the Institute’s website or its content and information, and the expected use and conduct of the website’s users.

Content Intellectual Property Rights Disclosure

The Gilder Lehrman Institute is the owner of the compilation of content that is posted on the Institute’s website, which consists of text, images, audio, video, databases, design, codes, and software. However, the Institute does not necessarily own each component of the compilation. The content that the Institute makes available on its website may be owned by the Institute, owned by others and used with their permission (such as user-generated content), or used in accordance with applicable law. Some content is in the public domain and some content is protected by third party rights, such as copyright, trademark, rights of publicity, privacy, and contractual restrictions.

The Institute’s content is identified as having “no known copyright restrictions” when the Institute is unaware of any copyright restrictions on its use. This does not necessarily mean that the content is in the public domain, but rather indicates that no evidence has been found to show that copyright restrictions apply. The Institute endeavors to provide information that it possesses about the content’s copyright status and other terms and conditions that may apply (such as trademark, rights of privacy or publicity, donor restrictions, etc.); however, the Institute can offer no guarantee or assurance that all pertinent information is provided or that the information is correct in each circumstance. It is the user’s responsibility to determine what permission(s) is needed in order to use the content and to obtain such permission. 

Content Permitted Uses

The Gilder Lehrman Institute of American History provides the content on this website (www.gilderlehrman.org), in support of its mission “to promote the study and love of American History.” The Institute invites visitors to use its online content for personal, educational, and other non-commercial purposes.

The Gilder Lehrman Institute grants the user a limited, nonexclusive, revocable license to access and to make fair use of the Institute’s content as defined by copyright and intellectual property law.  Information on United States copyright fair use law is available from the United States Copyright Office: http://www.copyright.gov/fls/fl102.html. Please note that you are responsible for determining whether your use is fair and for responding to any claims that may arise from your use. In addition, the Institute allows personal, educational, and other non-commercial uses of the content on its website on the following terms:

·     You must cite author and source of the content as you would material from any printed work.

·     You must cite and link to, when possible, the Gilder Lehrman website as the content source.

·     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 law (such as trademark, publicity and privacy rights, or contractual restrictions) as may be specified or as may otherwise apply to the content. 

For commonly asked questions about use of the Institute’s content, see below. 

Unauthorized Uses and Permission Requests

Users may not use the content for commercial purposes. The user may not: (a) sell the content, in part or whole, or sell materials, products or services that use and incorporate the content, (b) use the content to promote or advertise products or services, (c) copy or download any user’s account or profile information for the benefit of any third party, (d) interfere or attempt to interfere with the proper working of the Institute’s website, (e) bypass the Institute’s measures used to prevent or restrict access to any portion of its website or its content, (f) enable high volume, automated, electronic processes that apply to the Institute’s website or its systems and the content, or (g) use any robot, spider, data miner, crawler, scraper or other automated means to access or index the Institute’s website or its systems and content. The foregoing is expressly prohibited. The right to do any of the foregoing shall require the Institute’s express written consent. 

If you wish to use the content for any purpose beyond the 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 the Institute. If you are uncertain how to classify your intended use or are seeking permission to include the content in a commercial product, users should send permission requests or other inquiries, including requests for higher quality formats, to the Institute’s rights and reproduction department at permissions@gilderlehrman.org. Contact information for the department is also listed on the website’s Contact Us page.

RSS Feeds

The Gilder Lehrman Institute may provide RSS Feeds consisting of selected text, audio, video, and photographic content from the Institute’s website that is provided over the Internet using an XML feed. Certain RSS Feeds may include associated audio, video and/or photographic file that may be downloaded and played from a user’s computer or transferred to a portable listening device. Unless indicated below in this section, the Terms of Use and Service pertaining to the RSS Feeds and Content are congruent with that of the Institute’s website Terms of Use and Service herein.

Users may download, copy and/or transfer to a portable listening or viewing device or a computer the RSS Feeds and its associated content for your personal, non-commercial use only. You shall not allow any third party to reproduce, modify, create derivative works of, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party, or otherwise use any RSS content except as expressly authorized.

Under no circumstances will the Gilder Lehrman Institute be responsible for any wireless email, text messaging or other charges incurred by a user operating any mobile application services.

Trademarks

Many of the names, titles, and logos that appear on the Institute website are common law trademarks of the Gilder Lehrman Institute. With the exception of fair use, including but not limited to educational purposes, you may not use the Institute’s trademarks without prior written permission or business relationship.

Copyright Complaints

The Digital Millennium Copyright Act of 1998 provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under US copyright law. If you, as a user, have any copyright complaints or objections to content posted on the Institute’s website and you are the copyright owner, please send a request that the material be removed or access blocked to the Gilder Lehrman Institute at info@gilderlehrman.org with your contact information and a link to the relevant content.

Disclaimer of Warranty & Limitation of Liability

YOU AGREE THAT USE OF The Gilder Lehrman Institute WEBSITE AND ALL PRODUCTS ASSOCIATED WITH IT (“THE WEBSITE”), INCLUDING ANY DOWNLOADS OR PURCHASED PRODUCTS, IS ENTIRELY AT YOUR OWN RISK. THE WEBSITE AND PRODUCTS AND SERVICES PROVIDED THROUGH OR IN CONNECTION WITH IT, ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. The Gilder Lehrman Institute EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION: 1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES; AND 2) ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. The Institute MAKES NO WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES the Institute MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEBSITE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. YOU SPECIFICALLY ACKNOWLEDGE THAT the Institute IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU, THE USER. The Institute MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR ANY TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM the Institute OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.  NEITHER the Institute NOR ANY OF ITS PARTNERS, AGENTS, AFFILIATES OR CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE WEBSITE OR INABILITY TO GAIN ACCESS TO OR USE THE SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY.

The Institute’s website may contain the opinions and views of other users. Given the interactive nature of the Institute’s website, the Institute cannot endorse, guarantee, or be responsible for the accuracy, efficacy, or veracity of any content generated by our users.

The content of the Institute’s website is intended for educational and entertainment purposes only. Such content is not intended to, and do not, constitute legal, professional, medical, psychological, therapeutic or healthcare advice or diagnosis or counseling, and may not be used for such purposes. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. If you think you may have a medical emergency, call your doctor or 911 immediately. You should not act or refrain from acting on the basis of any content included in, or accessible through, the Institute’s website without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer or professional licensed in the recipient’s state, country or other appropriate licensing jurisdiction.

Interactive Features and User Content Expected Use

The Gilder Lehrman Institute’s website provides certain interactive features, such as comment pages, tagging content, and personal account profiles, for the exchange of ideas and information between the Institute and the user and between users themselves to further GLI’s educational mission. Accordingly, all users must interact with the website, the Institute, and other users in accordance with the following terms and conditions:

1.     You are solely responsible for the content that you post or submit and as such, are responsible for ensuring the security of the account with which you submit information.

2.     By submitting content, you are giving the Institute and those authorized with the Institute’s permission to use it for any educational, promotional, or mission-furthering purposes as deemed appropriate by the Institute.

3.     You will not post any content that is off-topic, political, partisan, contains personal attacks or expletives, or is abusive, threatening, unlawful, harassing, discriminatory, libelous, obscene, false, pornographic, racist, or that infringes on the rights of any third party.

4.     You will only post content that is yours or for which you have received permission from the person or organization that owns the content and related intellectual property and copy rights.

5.     You will not insert your own or a third party’s advertising or promotional content into your posting, which includes but is not limited to “junk mail,” “chain letters,” duplicative or unsolicited mass mailing, instant messaging, spimming,” “phishing” or spamming.

6.     You acknowledge that the Gilder Lehrman Institute will review discussions, chats, or other postings as needed.

7.     You understand that the Gilder Lehrman Institute assumes no responsibility or liability arising from the posting of your content or for any error, defamation, libel, omission, obscenity, danger or inaccuracy contained in any posted information or from any failure or delay in removing such content.

8.     You will not introduce any software virus, worm or other program designed to damage software, hardware, or telecommunications equipment.

9.     You agree that you will not collect or use information about users of this website for any purpose, unless you have received explicit permission to do so.

10.     You will not post content that contains information regarding, promote or link to a site that provides information or promotes illegal activity.

11.     You will not post content that is deemed by us to be unsuitable for any other reason.

The Gilder Lehrman Institute reserves the right, but not obligation, to monitor content or information provided by website users in its sole discretion, to edit or remove any content that, in the Institute’s judgment, does not comply with the above rules. The Institute is not responsible for any user-generated content that is posted on the Institute’s websites or for any failure or delay in removing such content.

User Account, Responsibilities and Use Termination

To obtain some services from the Gilder Lehrman Institute website, users will be required to input personal information to create an account with an associated user ID and password. Users are responsible for maintaining the confidentiality of the account and its user ID and password. You also agree to restrict unauthorized access of your account via your private computer or any public computer that you use to access your account. You also agree to accept responsibility for all activities that occur under your account or password. You finally agree that the information you provide to the Gilder Lehrman Institute will be true, accurate, current, and complete.

As a user, you must immediately notify the Gilder Lehrman Institute at info@gilderlehrman.org of any unauthorized use of your ID or password or any other breach of security. You also agree to exit from your account at the end of each web browsing session. The Institute will not be liable for any loss or damage arising from your failure to do so.

Users agree that the Gilder Lehrman Institute reserves the right to terminate your use of and registration on this website, at any time and for any reason, with or without cause, without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party.

Age of Users

Individuals under the age of 18 ("Minors") are not permitted to use the Gilder Lehrman Institute website without the supervision of a parent or legal guardian. Furthermore, the Institute does not knowingly collect or solicit personal information from children under the age of 13 or knowingly allow such persons to register for an online account or to post personal information on our websites. Should the Institute learn that someone under the age of 13 has provided any personal information to or on any of the website, the Institute will remove that information as soon as possible.

The Institute’s online interactive community is not designed for use by Minors. No children under the age of 13 are permitted to register or create user profiles; and individuals ages 13 through 18 must participate in the community only under the supervision of a parent or legal guardian. Numerous informational and commercial resources (such as computer hardware, software, or filtering services) are available to help parents keep their children safe online. If you are interested in learning more about these resources, information is available at many sites providing information on such protections. The Institute does not specifically sponsor or endorse any of these sites or their services.

Third Party Sites Links

The Gilder Lehrman Institute may link to third party sites which are not under the control of the Institute. These links are provided as a convenience and for informational purposes only, and they do not indicate the Institute’s endorsement, sponsorship of, or affiliation with the third party, content, products, or services of the linked website, including any advertisements that may be posted. The Institute has no control over, makes no representation or warranty and bears no responsibility for the accuracy, legality or content of the externally linked sites. In addition, other sites may have their own Terms of Service and Use and Privacy Policy. It is the user’s responsibility to understand the third party’s Terms of Service and Use and its Privacy Policy when using the site.  

Linking is an important feature that facilitates searching and making connections among websites. If you link to the Gilder Lehrman website, you agree to (a) present the link in a manner that does not give the impression that the Institute endorses, whether expressly or implicitly, any products, services or opinions provided on your website, unless the Institute has given its prior written consent (b) clearly inform the user is leaving your website and accessing another (c) not frame or create a browser or border environment around any of the content of the Institute’s website (d) link to, but not replicate, the content (e) must not present false information about the Institute or its products or services, and (f) not contain content that could be construed as distasteful, offensive or controversial.

Consent to Electronic Communications and E-mail Solicitation

When users register for the Gilder Lehrman Institute’s website, users may choose to receive information and other materials regarding products, services, and other offers from time to time as described in the Institute’s Privacy Policy. Such solicitations may take the form of materials mailed to users, telephone calls, e-mail messages, or other forms. Solicitations will be made to the addresses and numbers provided to us in the registration process.

Provision Severability

The provisions of these Terms of Service and Use are intended to be severable. If for any reason any provision of these Terms of Service and Use shall be held invalid or unenforceable in whole or in part in any applicable jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability of the remaining provisions herein. The failure of the Gilder Lehrman Institute to exercise or enforce any right or provision of these Terms of Service and Use shall not operate as a waiver of such right or provision.

Governing Law and Agreement Length

This website is maintained by the Gilder Lehrman Institute from its offices in New York, New York, United States of America. This agreement shall be governed by New York State law and any dispute arising out of this agreement shall be heard in the courts of Manhattan, New York City.

This agreement will remain in effect until terminated by you or the Institute. You have the right to terminate this agreement by ____(how can users delete their account?)___.

Dispute Resolution

Each of the parties hereby knowingly, voluntarily and intentionally waives any right it may have to a trial by jury in respect of any litigation (including but not limited to any claims, counterclaims, cross-claims, or third party claims) arising out of, under or in connection with these Terms of Service and Use.

______Need to clarify how exactly disputes will be resolved______.  Any claim or controversy at law or equity that relate to or arise out of these Terms of Service and Use shall be resolved through binding arbitration conducted by telephone, online or based solely upon written submissions where no in-person appearance is required. In such cases, the arbitration shall be administered by the American Arbitration Association under its Commercial Arbitration Rules (including without limitation the Supplementary Procedures for Consumer-Related Disputes, if applicable), and judgment on the award rendered by the arbitrator(s) may be entered in the United States District Court for the Southern District of New York, or any other court having jurisdiction thereof.

Alternatively, at the Gilder Lehrman Institute’s sole option, a claim (including Claims for injunctive or other equitable relief) may be adjudicated by a court of competent jurisdiction located in New York County, New York. You hereby expressly submit to the personal jurisdiction of the Superior Court of New York, and of the United States District Court for the Southern District of New York.  Any claim shall be arbitrated or litigated, as the case may be, on an individual basis and shall not be consolidated with any claim of any other party whether through class action proceedings, class arbitration proceedings or otherwise.

You are solely responsible for your interactions with other Users. The Gilder Lehrman Institute reserves the right, but has no obligation, to become involved in any way with disputes between users.

Indemnification

By using the Gilder Lehrman Institute website, you represent and warrant that your use will be consistent with these Terms of Service and Use, including fair use. You agree to indemnify, defend and hold the Institute harmless from all claims, causes of action, allegations, costs, expenses, fees (including reasonable attorneys’ fees), judgments, liabilities, losses, and damages arising from or relating to your use of the Gilder Lehrman website.

Agreement Acknowledgment

The Terms of Service and Use, including all documents referenced herein, represents the entire understanding between user and the Institute regarding user’s relationship with the Institute and supersedes any prior statements or representations.

The Gilder Lehrman Institute reserves the right to terminate your use of and registration on this website, at any time and for any reason, with or without cause, without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party.

Privacy Policy

By using the Gilder Lehrman Institute website, you agree that the Institute may collect, use and disclose information that you provide as described in the Privacy Policy.

Modification Notice

The Gilder reserves the right to make changes to this website, posted policies, and Terms of Service Use at any time without notice or liability. These terms were last revised on 3/31/12. 

If you have any questions about these terms, the practices of this site, or your dealings with this website, you may contact:

The Gilder Lehrman Institute of American History 
19 West 44th Street 
New York, New York 10036 
United States 
Email: info@gilderlehrman.org

Phone: 646-366-9666

Frequently Asked Content Use Questions and Answers

1.     May I put Gilder Lehrman Institute content on my personal website, blog or my Facebook® (or other social networking) page?

·     Yes, so long as you:

·     Identify the author and source of the content;

·     Do not remove any copyright, trademark, or other notices that are placed in or near the content you use;

·     Do not use the content to promote, advertise, or sell your own products or services or for any other commercial or unauthorized purpose; and

·     Comply with any other terms or restrictions that may be applicable to the Content.

2.     Is it an unauthorized use if the host of my website or blog adds advertising to my website or blog?

·     If that is the only commercial aspect of your website or blog, you may post the content on that site consistent with these Terms of Service and Use.

3.     I love the Gilder Lehrman Institute logo! May I use it on my website?

·     __Yes or no____. If yes, do you need permission?

4.     How may I use the Gilder Lehrman Institute’s content in my research paper or other class work?

·     You may quote, describe, or include a copy of the Institute’s content so long as you:

·     Identify author and source of the content as you would material from any printed work;

·     Identify the relevant Institute website as the content source;

·     Do not remove any copyright, trademark, or other proprietary notices including attribution information, credits, or notices that are placed in or near the text, images, or data that you use; and

·     Comply with any other terms or restrictions that may be applicable to the Content.

5.     How may I use Gilder Lehrman Institute content in my lectures/lesson plans?

·     The Gilder Lehrman Institute invites you to make educational or fair use of its content so long as you:

·     Identify author and source of the content as you would material from any printed work;

·     Identify the relevant Institute website as the content source;

·     Do not remove any copyright, trademark, or other proprietary notices including attribution information, credits, or notices that are placed in or near the text, images, or data that you use;

·     Do not use the Content to promote, advertise, or sell your own products or services or for any other commercial or unauthorized purpose; and

·     Comply with any other terms or restrictions that may be applicable to the Content.

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