Gloucester County Historical Society
Welcome to the Gloucester County Historical Society (“GCHS”) Web Site Usage Agreement (the “Agreement” or “Usage Agreement”). If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access our services.
Web Site Usage Terms and Conditions
1. Use of Content.You agree that you will not copy, reproduce, modify, create derivative works from, distribute or publicly display any content from this Site without the prior expressed written permission of GCHS and the appropriate third party, as applicable;
2 . No Warranty. GCHS, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND SUPPLIERS PROVIDE THIS WEB SITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. GCHS, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
3 . Liability Limit. IN NO EVENT SHALL GCHS, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES OR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).
4. Indemnity. You agree to indemnify and hold us and (as applicable) any of our affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
5. No Agency. You and GCHS are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
6. Court. You agree to adjudicate any claim in a court of competent jurisdiction located in Gloucester County, New Jersey. You and GCHS agree to submit to the personal jurisdiction of the courts located within the Gloucester County, New Jersey.
7. Alternative Dispute Resolution. Alternatively, GCHS will consider use of other alternative forms of dispute resolution, such as binding arbitration to be held in Gloucester County, New Jersey.
8. Additional Terms. The following policies are incorporated into this Agreement by reference and provide additional terms and conditions related to specific services offered on the Site:
Each of these policies may be changed from time to time and are effective immediately after we post the changes on the Site. In addition, when using particular services on the Site, you agree that you are subject to any posted policies or rules applicable to services you use through the Site, which may be posted from time to time. All such posted policies or rules are hereby incorporated by reference into this Agreement.
9. General. This Agreement shall be governed in all respects by the laws of the State of New Jersey as such laws are applied to agreements entered into and to be performed entirely within New Jersey between New Jersey residents. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.
10. GCHS Contacts. If you have any questions or need clarification regarding the above terms and conditions , you must contact GCHS before using our Web site. Contact us as follows:
II. Intellectual Property Agreement
Although we at the Gloucester County Historical Society (“GCHS”) would like to accommodate all the requests we receive from users of this Web site who want to affiliate GCHS with their sites, we are dedicated to protecting our reputation in the preservation of our history and historical artifiacts. That means we have to turn down many requests because sites imply that GCHS is endorsing them or is otherwise affiliated with them. The same applies if GCHS trademarks, logos, web pages, screen shots, or other distinctive features related to GCHS services (“GCHS Intellectual Property”) are associated with objectionable material, as determined by GCHS.
As a result, we require that you must agree to the terms and conditions of this GCHS Intellectual Property Agreement (“Agreement”). Your access to our Web site and your use of our Web site means that you agree to be bound by the terms and conditions of this Agreement. If you do not wish to be bound by the terms and conditions of this Agreement, then you do not have our permission to use our Web site and do not access or use our Web site.
Intellectual Property Terms and Conditions
1. No Modification of GCHS Intellectual Property. One of the conditions for all uses is that you cannot alter, change, modify or distort our logo, name and other Intellectual Property in any way. You must ensure the presentation of GCHS Intellectual Property will be consistent with GCHS’s own use of its Intellectual Property in comparable media. This means, for example, that if GCHS uses certain notices with its Intellectual Property (e.g., “SM”, “TM” or “®”), you will be required to use such notices when you use our Intellectual Property. In addition, you must include the following statement in any of your material that includes such Intellectual Property: “____________ is a trademark of GCHS”
2. Placement of GCHS Intellectual Property. If you are using the GCHS logo or name on a web page, there must exist a minimum spacing of 25 pixels between each side of the logo and other graphic or textual elements on your web page, and the GCHS logo or name must appear by itself in a manner that does not in any way indicate to viewers of the web page that GCHS endorses the products, services, or information provided on that web page.
3. You can’t (and agree not to) do any of the following :
· Display GCHS Intellectual Property as the most prominent element on your web page;
· Display GCHS Intellectual Property in any manner that implies a relationship or affiliation with, sponsorship, or endorsement by GCHS, or that can be reasonably interpreted to suggest editorial content has been authored by, or represents the views or opinions of GCHS or GCHS personnel;
· Display GCHS Intellectual Property on any Web site that contains or displays adult content, promotes gambling, involves the sale of tobacco or alcohol to persons under twenty-one years of age, or otherwise violates applicable law;
· Display GCHS Intellectual Property in a manner that is in GCHS’s sole opinion misleading, defamatory, infringing, libelous, disparaging, obscene or otherwise objectionable to GCHS;
· Display GCHS Intellectual Property on a site that violates any law or regulation;
· Frame or mirror any GCHS page; or
· Remove, distort or alter any element of GCHS Intellectual Property.
4. GCHS Contacts. If you have any questions or need clarification regarding the above terms and conditions , you must contact GCHS before using our Web site. Contact us as follows: Gloucester County Historical Society, 17 Hunter St., Woodbury, NJ 08096-4605; email firstname.lastname@example.org; telephone 856-845-4771;