Immigrant History Initiative
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Last Updated: March 11, 2021
I. Overview We are pleased that you are using the website of Immigrant History Initiative, Inc. (“IHI”, “we” or “us”). We hope that it provides you with useful resources and information about our organization. These Terms of Use apply to and set forth the terms and conditions that govern your access to and use of the immigranthistory.org website (the “Site”) and the content, data or materials contained therein (the “Materials”). By using the Site, you agree to these Terms of Use. From time to time, we may revise these Terms of Use. If you use the Site after the date of any revision (the date of the most recent revision is indicated by the date above), you will be accepting the Terms of Use as revised. We encourage you to regularly review these Terms of Use for updates. II. Your Use of Our Site You may use the Site and the Materials only for your organization’s or your own personal use, including to access information about IHI’s activities, publications and other resources on race, migration, history, and social justice and to engage with us via our comment submission form on the “Get in touch!” section of the Site or the submission form for subscribing to IHI’s newsletter. You may redistribute the Materials for any non-commercial educational purpose, provided that, in all cases, you appropriately credit IHI as the source of the information and provide a link to the Site, for example, as follows: “This [report/graphic/image/quote] was developed by and is the property of Immigrant History Initiative (http://www.immigranthistory.org).” You may not use any Materials in a manner that violates any applicable law or regulation. You agree to abide by all additional restrictions displayed on the Site, as they may be updated from time to time. III. Links to Other Websites Our Site contains links to, and may be linked from, third-party websites that we do not maintain (for example, social media platforms such as PayPal and websites of our funders or other organizations with which we collaborate). We do not endorse or make any representations about any other websites or have any responsibility for them or for any loss or damage that may arise from your use of them. If you follow links from the Site to other websites, you will be subject to the terms and conditions, and any other privacy or security policies, of those websites. IV. Our Intellectual Property IMMIGRANT HISTORY INITIATIVE and IHI’s logo displayed on the Site are trademarks owned by IHI. IHI owns, or otherwise has the valid right to use, all of the Materials displayed on the Site (including photos, publications and databases). You may not use such trademarks, or any of the Materials, (1) in any manner that could indicate you own the trademarks, or the Materials, (2) that such trademarks and Materials are associated with you or anyone other than the applicable owner, or (3) in any manner that may tarnish, dilute, disparage, or reflect negatively on IHI or IHI’s trademarks. On the terms and subject to the conditions set forth in these Terms of Use, IHI grants you a non-exclusive, non-transferable, limited right to access, display, download and print the Materials from the Site for your personal, or your organization’s internal, use, as set out above. The foregoing limited license is subject to the following restrictions: (1) you may not remove any copyright, trademark or other proprietary notices contained on copies made of the Materials under the license; (2) except as otherwise expressly permitted by us, you may not alter or modify the Materials in any way (other than to truncate or excerpt text of the Materials for your own use) or prepare derivative works of the Materials for any purpose; and (3) you may not reproduce, publicly display, perform, distribute, or otherwise use the Materials (or any truncated or excerpted text therefrom) for any purpose other than as permitted above. V. Your Privacy No personally identifiable information is collected by the Site automatically. The Site collects only the personally identifiable information (including your name and email address) provided by you through the comment submission form on the “Get in touch!” section of the Site, the submission form for subscribing to IHI’s newsletter and IHI event registration forms made available on the Site from time to time. Information collected through the comment submission form is used by us only to respond or to fulfill a request and we do not sell any such information to third parties. VI. Disclaimers WE PROVIDE OUR SITE AND ALL OF THE MATERIALS ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. WE DO NOT MAKE, AND WE HEREBY EXPRESSLY DISCLAIM, ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, OR ENDORSEMENTS WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES OF TITLE OR NON-INFRINGEMENT AS TO THE SITE OR THE MATERIALS. WE DO NOT WARRANT THAT WE WILL MONITOR ANY MATERIALS ON THE SITE FOR ACCURACY, CURRENCY OR ERRORS, THAT ANY OF THE MATERIALS ARE ACCURATE, RELIABLE OR CORRECT, THAT WE WILL UPDATE THE SITE OR THE MATERIALS, THAT THE SITE WILL BE AVAILABLE AT ANY GIVEN TIME OR LOCATION, OR THAT THE SITE ARE FREE FROM VIRUSES, MALWARE OR OTHER HARMFUL COMPONENTS. VII. Limitation of Liability TO THE EXTENT PERMISSIBLE BY LAW, WE AND OUR AFFILIATES, AND ALL OF OUR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, PARTNERS, VOLUNTEERS, EMPLOYEES, REPRESENTATIVES, LICENSORS AND AGENTS, WILL NOT BE LIABLE TO YOU, OR OTHERS, FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING ATTORNEYS’ FEES) RESULTING FROM YOUR ACCESS TO OR USE OF (OR INABILITY TO USE) THE SITE OR THE MATERIALS. IF THE LAW RESTRICTS US FROM DISCLAIMING RESPONSIBILITY IN THIS WAY, WE WILL BE RESPONSIBLE UP TO $1.00. VIII. Indemnification You agree to indemnify, defend and hold harmless IHI and its affiliates, and their officers, directors, members, partners, volunteers, employees, representatives, licensors and agents, from and against all losses, injuries, claims, liabilities or damages, including attorneys’ fees, that result from or relate to your use of the Site and any violation of these Terms of Use. IX. Compliance with Law YOU ARE SOLELY RESPONSIBLE FOR COMPLYING WITH ALL LOCAL LAWS, RULES AND REGULATIONS REGARDING ONLINE CONDUCT AND ACCESS TO THE SITE AND USE OF THE MATERIALS. X. Governing Law These Terms of Use are governed by the laws of the State of New York, without regard to its choice of law provisions. Any claim or dispute against us with respect to these Terms of Use, your use of the Site or the Materials or otherwise shall be brought exclusively in the courts of the State of New York, New York County, New York, or in the United States District Court for the Southern District of New York, and you hereby consent to the exercise of personal jurisdiction by and to venue in such courts. YOU AGREE TO WAIVE TRIAL BY JURY IN ANY SUCH ACTION. XI. Contact Us If you have questions or concerns regarding these Terms of Use, contact us at [email protected]. |
