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The Hershey Community Archives (the “Archives”) has created and maintainswww.hersheyarchives.org (the “Archives Website”) in order to make information about its programs, collections and resources available to the public via the internet. By using the Archives Website and its content, you are agreeing to comply with and be bound by the following terms and conditions (“Terms and Conditions”). These Terms and Conditions may change from time to time, and we encourage you to review them periodically. Your continued use of the Archives Website indicates your acceptance of any changes to these Terms and Conditions.

Proprietary Rights

As between you and the Archives, the Archives owns, solely and exclusively, all rights, title and interest in and to (or is the authorized licensee of) the Archives Website, all the content (including, for example, audio, photographs, illustrations, graphics, other visuals, video, copy, software, etc.), data and materials thereon, the look and feel, design and organization of the Archives Website (the “Materials”). Copyrights, trademark rights, moral rights and other intellectual proprietary rights may be held by individuals or entities other than, or in addition to, the Archives. Your use of the Archives Website does not grant to you ownership of any Materials you may access on the website. Users must cite the author and source of the Materials as they would content from any printed work, and the citations should include the URL www.hersheyarchives.org.

Use of Materials From Archives Website

The Archives encourages patrons to view and use Materials from the Archives Website, provided that you follow these guidelines:

1. Low Resolution Files (Only Non-Commercial Uses Allowed). Materials downloaded from the Archives Website may only be used for personal, educational, or research purposes. They may not be used for commercial purposes.
2. High Resolution Files (All Uses Allowed, Including Commercial Uses). High resolution digital files of photos in the Archives’ Digital Gallery are available for editorial and commercial use for a fee. For more information, please go to: Photocopy and Duplication Policy.
3. You Are Responsible For Obtaining Necessary Permissions. The Archives Website contains a wide range of Materials. The website contains materials that are in the public domain as well as materials that are protected by copyright. In cases where Materials on the Archives Website are protected by third party rights, you are responsible for clearing the necessary rights in order to use the materials in question. For example, if you want to download a photo that is still protected by copyright for use in a research paper, you must determine whether your proposed use requires consent from the copyright holder, and, if so, you must secure the permission of the copyright holder. In some cases, you may also need to secure the consent of people who appear in photographs in our collections.

   Because the Archives collections are vast, we are not in a position to provide advice to patrons about which Materials are protected by third party rights and which materials may be used freely. The following website has information about copyright, fair use and other related topics which may be useful: http://www.copyright.gov/.

   It is your obligation to determine and satisfy copyright or other use restrictions when publishing or otherwise distributing materials from the Archives collections. You are solely responsible for determining whether the use of any digital object requires the permission of any other person or entity, and you are responsible for paying any associated fees. If you have questions about the legal issues surrounding the use of digital objects you should contact your attorney.

4. You may not alter or attempt to alter any of the Materials on the Archives Website or the website itself. The Archives reserves the right to revoke your right to use the Materials at any time, and such use shall be discontinued immediately upon notice from the Archives.

Contacting Archives If Your Materials Should Not Be On Our Website

In order to make its collections available to the widest audience possible, the Archives has placed photographs of items from our collections online. In each instance, we have tried to make sure that we have secured all necessary rights. If you believe that we have made a mistake, please contact us so that we can correct the oversight.

It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act in an appropriate manner under such Act and other applicable intellectual property laws, including the removal or disabling or access to material claimed to be subject of infringing activity. Pursuant to 17 United States Code 512(c)(2) (Digital Millennium Copyright Act of 1998), The Archives is the designated agent for notice of alleged copyright infringement appearing on any Archives Website. Direct any notices of infringement to: The Director, Hershey Community Archives, 30A East Granada Avenue, Suite #2, Hershey, Pennsylvania 17033 or send an email to: [email protected] To file a notice of infringement with us, you must fulfill the requirements specified in Title II of the Digital Millennium Copyright Act of 1998. The text of this statute can be found at the U.S. Copyright Office Web Site, http://www.copyright.gov.

Trademarks

The trademarks, logos, service marks and trade names (collectively the "Trademarks") displayed on the Archives Website or on content available through the Archives Website are registered and unregistered Trademark of the Archives and others and may not be used unless authorized by the Trademark owner. Nothing contained on the Archives Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark without our written permission or that of the third party rights holder. Your misuse of any Trademark is strictly prohibited.

Disclaimers

1. All Materials on the Archives Website 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 use, and/or non-infringement. The Archives does not warrant that the Archives Website will be uninterrupted or error-free, that any defects will be corrected, or that the website or the server that makes it available are free of viruses or other harmful components. Accordingly, the Archives assumes no responsibility for damage to your computer or other property resulting from your use of the Archives Website. You understand and agree that any downloading or obtaining of material or data through the Archives Website is done at your own risk and that the Archives has not make any representations regarding the use or the results of the use of the materials and information on the Archives Website in terms of the accuracy, reliability, and legality of materials found on the Archives Website.

   IN NO EVENT SHALL ARCHIVES OR ANY OF ARCHIVES’S TRUSTEES, EMPLOYEES OR AFFILIATED ENTITIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE ARCHIVES WEBSITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO.

2. Some pages on the Archives Website include links to other websites. The Archives has not reviewed all of these websites and is not responsible for the content of these websites. The Archives provides these links as a convenience only, and a link does not imply endorsement of, sponsorship of, or affiliation with the linked site by the Archives.
3. The Archives offers access to a broad range of information and materials, including certain materials that may contain offensive language or negative stereotypes. You should view such materials in the historical context in which they were created. All historical media are presented as specific, original artifacts, without further enhancement to their appearance or quality, as a record of the era in which they were produced. Opinions expressed on the Archives Website are not necessarily those of the Archives or of its staff.

Applicable Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without giving effect to any principles of conflicts of law. In the event that you or we file a lawsuit against one another, you agree that the lawsuit will take place in the federal or state courts located in Dauphin County, Pennsylvania, which shall have exclusive jurisdiction over any such lawsuits, and you agree to submit to the jurisdiction of those courts.

Indemnity

You agree to defend, indemnify and hold the Archives and its trustees, affiliated entities, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from or relating to your use of the Archives Website, your use of the Materials, or your breach or violation of the law or of these Terms and Conditions.

Severability

The provisions of these Terms and Conditions are intended to be severable. If for any reason any provision of these Terms and Conditions are 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 thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction. The failure of the Archives to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.