Proprietary Rights in the Sites
Content Posted on the Sites
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
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
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.
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.
Limitation on Liability
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.
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 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.