Terms of Use

HISTPRES, http://histpres.com, and its affiliated portfolio sites, extensions and services (collectively, the “Sites”) are operated on behalf of HISTPRES by its employees and/or authorized agents (collectively “HISTPRES” or “we”).  By accessing and using the Sites, you indicate your agreement with the following terms and conditions of use (the “Terms of Use”).  These Terms of Use constitute a legally binding agreement between you and HISTPRES. If you do not agree with all of the following Terms of Use, do not use the Sites.

HISTPRES reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms of Use at any time. Changes and/or modifications shall become effective immediately upon the posting on the Sites.  HISTPRES reserves the right to modify the Terms of Use at any time without providing notice to you, so please check back periodically and review this policy.  Your continued use of the Sites following the posting of changes and/or modifications will constitute your acceptance of these Terms of Use.

The Terms of Use will remain in full force and effect as long as you use, access, interact with, view, transmit, receive or communicate with the Sites or in any way utilize the services or features of the Sites, provided that certain clauses in the Terms of Use which by their nature shall survive past the time when you stop using the Sites, such as grants of rights in HISTPRES’s favor, and any representations, warrantees, and indemnifications you have made hereafter.

Eligibility

You must be eighteen (18) years of age or over to use the Sites.  By using the Sites, you represent and warrant that you have the right, authority, and legal capacity to enter into this agreement and to abide by all of the terms and conditions of the Terms of Use.

Proprietary Rights in the Sites

HISTPRES owns and retains all proprietary rights in the Sites.  The Sites contain material that is derived in whole or in part from material supplied by HISTPRES, its licensors, and other sources, and is protected by U.S. and international copyright and trademark laws.  No material, including but not limited to the characters, logos, graphics, illustrations, text, images, music audio and video (individually and collectively “Materials”) may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way or decompiled, reverse engineered or disassembled unless authorized under these Terms of Use and specifically enabled by HISTPRES’s technology, or unless the Materials are in the public domain or you have otherwise obtained written permission from HISTPRES and maintain all legal notices intact or as provided by HISTPRES.  Modification of the Materials or use of the Materials in whole or in part for any non-approved purpose is a violation of HISTPRES’s and/or its licensor’s copyright, trademark and other proprietary rights.  Except for “Postings” (as defined below) submitted, posted or uploaded (collectively “Uploaded”) by you or specifically made available for dissemination via the Sites, you may not copy, modify, translate, publish, broadcast, transmit, distribute, display, or sell any other Materials appearing on or available via the Sites.

Content Posted on the Sites

Unless otherwise agreed, HISTPRES does not claim exclusive ownership of the text, images, photos, musical works, copyrightable expression, or any other information, that you may Upload via the Sites (collectively, “Postings”).  Once you have Uploaded Postings via the Sites, you continue to retain your rights in such Postings, including the right to use your Postings.  By Uploading your Postings you hereby grant to HISTPRES a royalty free, fully paid up, irrevocable, non-exclusive license to use, modify, publicly display, reproduce, sublicense, and distribute your Postings, on and throughout the Sites, including, without limitation, for promotional and advertising purposes.  You understand and agree that (a) HISTPRES is not required to provide monetary awards or other items of value in order to use Postings, (b) you have no right to receive such a monetary award or other items of value in the event your Postings are used, and (c) HISTPRES’s provision of a monetary award or other items of value (if any) in no way limits or reduces the scope of rights you have granted HISTPRES to your Postings under these Terms of Use.

By Uploading your Postings, you represent and warrant that: (a) you own or have sufficiently licensed all necessary rights in the Postings you Upload to the Sites; (b) the use of your Postings on the sites does not violate the rights of any third party (c) you understand and acknowledge that your Postings may be copied and viewed by anyone, and that such individuals may publicly or privately comment on the your Postings, possibly in a derogatory manner.

Rules of Conduct on the Sites

HISTPRES may review, edit, reject, refuse to post and/or delete any Postings that in the sole judgment of HISTPRES violate these Terms of Use or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of another person.

You may not Upload or otherwise transmit content that:

  • is patently offensive to the online community, such as Postings that promote racism, bigotry, hatred or physical harm of any kind against any group or individual, regardless of whether such Postings are Uploaded to the Sites, or linked to or from the Sites
  • harasses or advocates harassment of another person
  • involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming”
  • promotes information that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous
  • infringes upon or violates any third party’s rights (including, but not limited to, intellectual property rights, rights of privacy, including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number or rights of publicity)
  • incorporates or uses an illegal or unauthorized copy of another person’s copyrighted work, or providing pirated music or links to pirated music files
  • contains restricted or password only access pages, or hidden pages or images
  • engages in commercial activities and/or sales without HISTPRES’s prior written consent such as contest, sweepstakes, barter, betting, advertising and pyramid schemes
  • solicits or promotes gambling or engages in any gambling activity
  • contains viruses, time bombs, trojan horses, cancelbots, spiders, cookies, spyware, adware, worms or other harmful, distracting, or deleterious components or devices
  • interferes with another user’s use and enjoyment of the Sites or any other individual’s user and enjoyment of similar services, or
  • refers to any website or URL that, in the sole discretion of HISTPRES, contains material that is inappropriate for the Sites, contains content that would be prohibited on the Sites, or violates the letter or spirit of these Terms of Use.

Any access to, or use of, the Sites that is not in accordance with the express provisions of these Terms of Use is expressly unauthorized and prohibited. In addition, you must use the Sites in a manner consistent with any and all applicable laws and regulations.

Your correspondence, business dealings with, or participation in promotions of advertisers found on or through the Sites, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser.  You agree that HISTPRES shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers in connection with the Sites.

By using the Sites you acknowledge and agree that HISTPRES is not responsible for the use of any personal information that you disclose on the Sites.  Please carefully select the type of information that you post or display on the Site, including in the portfolio you create (if any).

Copyrights and Copyright Agent

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide HISTPRES the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512 (the “DMCA”):

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  • Information reasonably sufficient to permit us to contact the complaining party;
  • A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Hyperlinks

The appearance of websites or external hyperlinks on the Sites does not constitute endorsement by HISTPRES of any opinions or views expressed by these linked sites and HISTPRES does not verify, endorse, or take responsibility for the accuracy, currency, completeness or quality of the Postings contained in those websites.  HISTPRES is not responsible for any errors or omissions contained in these sites.  To the extent that these sites collect personal information or postings from the end user, be advised that in no event shall HISTPRES assume or have any responsibility or liability for the manner in which such information or postings are exploited or for any claims, damages, or losses resulting from their use and/or appearance on these sites. HISTPRES under no circumstances will be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these sites.

We welcome links to http://histpres.com.  You may establish a link to http://histpres.com, provided that the link does not state or imply any sponsorship or endorsement of your site by HISTPRES, its affiliates, or any group or individual affiliated with HISTPRES.  You may not use on your site any logos, trademarks, service marks, characters, or other copyrighted materials appearing on the Sites without HISTPRES’s express written consent.  You may not incorporate into any other website any of the Postings or other materials on the Sites unless specifically permitted by HISTPRES.

Privacy

Use of the Sites is governed by our Privacy Policy which can be located at the bottom of the home page, http://histpres.com.

Limitation on Liability

Your use and viewing of the Sites is at your own risk.  If you are dissatisfied with any of the Materials or Postings contained in the Sites, or with and of these Terms of Use, your sole and exclusive remedy is to discontinue accessing and using the Sites.  HISTPRES is not responsible for any incorrect or inaccurate Materials or Postings Uploaded or otherwise displayed on the Sites, whether caused by users of the Sites or by any of the equipment or programming associated with or utilized in the Sites.  HISTPRES assumes no responsibility for any error, omission, false information or data, interruption, deletion, defect, delay in operation or transmission or unauthorized access to, or alteration of the jobs posted or information on its associated Sites. HISTPRES is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Sites or combination thereof, including injury or damage to users and/or members or to any other person’s computer related to or resulting from and/or in connection with the Sites.  Under no circumstances will HISTPRES be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the Sites, any Materials or Postings on the Sites or transmitted to members.  HISTPRES cannot guarantee nor does it promise any specific results from use of the Sites.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NEITHER HISTPRES NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITES IS LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE SITES EVEN IF HISTPRES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  EVERYTHING ON THE SITES IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

Indemnification

You agree to indemnify, defend and hold harmless, HISTPRES, it affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Sites from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Use by you, including, without limitation, any and all representations, warranties, or other promises made or otherwise attributed to you in these Terms of Use.

Applicable Law, Disputes

Unless otherwise indicated, the materials in the Sites are presented solely for the purpose of being an employment resource; to reduce time spent researching jobs by streamlining opportunities and openings posted on other websites for professionals in the historic preservation field.  The Sites are controlled and operated by HISTPRES from within the States of New York and North Carolina.  Although some job posting are for positions outside of the United States, HISPRES is intended to cater exclusively to residents of the United States.  Residents outside of the United States understand and consent that the data submitted on the Sites will be transmitted to and processed within the United States.  HISTPRES makes no representation that Materials and Postings on the Sites are appropriate or available for use in any particular location.  Those who choose to access the Sites do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

This Terms of Use shall be governed, and all rights and liabilities under it determined in accordance with, the laws of the State of New York.  To the extent the parties cannot resolve any dispute arising between them, the parties agree that such dispute shall be heard by the Courts in the State of New York in the County of Erie.

Other

This agreement, accepted upon use of the Sites and further affirmed by submitting Postings to the Sites, contains the entire agreement between you and HISTPRES regarding the use of the Sites and supersedes all prior understandings related to the Sites, cannot be changed orally, and if any provision of this agreement is held invalid, the remainder of this agreement shall continue in full force and effect.

The Terms of Use posted on this site was updated on December 15, 2010.



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