Terms of Use

TERMS OF USE

This website located at http://www.atlantahistorycenter.com and related web pages and at http://www.margaretmitchellhouse.com and related web pages (collectively, the "Sites") is provided by Atlanta Historical Society, Inc. and its affiliates (referred to as "we", "us" or "the Society").

YOU SHOULD READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS BEFORE CHECKING THE [I ACCEPT] BUTTON IN THE REGISTRATION SECTION OF THE CUSTOMER PORTAL AND PROCEEDING TO USE THE FEATURES AND FUNCTIONALITY OF THE SERVICES MADE AVAILABLE VIA THE SITE.  IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, THEN DO NOT ACCESS OR USE THE SERVICES MADE AVAILABLE VIA THE SITE.

You may print and keep a copy of these Terms of Use.

These Terms of Use are subject to change by the Society at any time.  When the Terms of Use are changed, the Society will notify you by e-mail or online postings.  The changes also will appear in this document, which you can access at any time by selecting the “Terms of Use” link on the login page.  If you do not agree to be bound by the changes, you should not enter or use the Sites again.  If you use the site after The Society has notified its users of a change in the Terms of Use, you are agreeing now to be bound by all of the changes.  We encourage you to review these Terms of Use periodically prior to your use of the Sites.

The Society undertakes to provide accurate and up-to-date information on the Sites for the portions of the content provided by the Society.  However, you understand and agree that information contained on these Sites is subject to change and the Sites is provided "AS IS."  Accordingly:

  • YOUR USE OF THE INFORMATION AND USER CONTENT MADE AVAILABLE VIA THE SITE IS AT YOUR OWN RISK. 
  • The Society shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Sites, and you are solely responsible for any decisions made based on such information.
  • The passage of time can render information contained in, or linked to, this Sites stale.  The Society is not responsible for any misimpressions which may result from the use of dated material.  You should consider the dates of issuance of all items and information contained in, or linked to, this Sites.  The Society does not undertake any duty to update, supplement, correct, comment upon or modify any information contained in the Sites or any website to which it is linked.
     

User Provided Content

As a user of the Sites, you may submit content, including images, text, multimedia documents, links and other content enable by the Sites from time to time ("User Content"), and you and other uses may access and use your and their User Content, subject to the restrictions stated in these Terms of Use. 

Any User Content submitted to the Sites may be made available to other users of the Sites.  Do not submit User Content if you do not want other users to have access to it.  You may designate User Content as private, although The Society reserves the right to limit the amount of User Content designated as private and the duration of time it may be retained by the Sites.  DO NOT SUBMIT ANY PERSONALLY IDENTIFIABLE INFORMATION IN VIOLATION OF ANY APPLICABLE LAW.

To the extent you have and retain ownership rights in and to the User Content, by submitting User Content to the Sites, you grant the Society the non-exclusive, royalty-free, perpetual, irrevocable, transferable and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, sell, perform and display such User Content (in whole or part, including modified or adapted versions thereof) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, without any obligation to acknowledge authorship or ownership. You warrant you have all rights necessary or appropriate to disclose such User Content and post it to the Sites, and that submitting the User Content will not violate the rights of any third party, including without limitation any proprietary or privacy rights.

You agree you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, without permission of the owner of such rights.

The Society, to the extent it can do so based on the license granted by other users, acknowledges you have permission to display, copy, distribute and download the User Content from this Sites (other than software, which is addressed solely in the section entitled “Software Downloads”), on the conditions that:

  1.  both the copyright notice identified below and this permission notice appear in the User Content;
  2.  the use of such User Content is solely for your personal or internal business purposes and will not be copied or posted on any networked computer, broadcast in any media, or used for commercial gain; and
  3. the User Materials are not modified in any way.
     

This permission terminates automatically without notice if you breach any of these terms or conditions. Upon termination, you will immediately destroy any downloaded or printed User Content.

The Society reserves the right to refuse or delete any User Content in its sole discretion.

The Society’s Programs and Services

These Sites may provide information regarding the Society’s programs and services, including without limitation product demonstrations, and to facilitate information sharing between users of the Society programs and services.

Information displayed by the Society regarding products or services offered by The Society represents only a solicitation of interest and not an offer.  The Society explicitly reserves (i) the right to stipulate terms for sale, license or use of such products or services at the time they are ordered or purchased, and (ii) the right to withdraw or modify the products or services, to limit available quantities, or to decline an order or purchase.

Third Party Links

From time to time, the Sites may contain links or other references to third-party materials (including without limitation other websites) not controlled by the Society or its suppliers or licensors.  The Society provides such information and links as a convenience to you and should not be considered endorsements of such sites or any content, products or information offered on such sites.  You acknowledge and agree that the Society is not responsible for any aspect of the information or content contained in any third party materials or on any third party sites accessible or linked to the Sites.

Restrictions

You agree not to use the Sites for any unlawful purpose or in anyway that might harm, damage, or disparage any other party. Without limiting the proceeding sentence and by way of example, You agree that you will not:
 

  • Post personally identifiable information (as images or text) to publicly viewable areas or otherwise violate local and federal privacy protection regulations;
  • Collect or store personal data about other users, including e-mail addresses;
  • Threaten, harass, "stalk", abuse, slander, defame or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
  • Publish, distribute or disseminate any inappropriate, profane, vulgar, defamatory, infringing, obscene, tortious, indecent, unlawful, immoral or otherwise objectionable material or information;
  • Create a false identity or impersonate another for the purpose of misleading others as to the identity of the sender or the origin of a message, including, but not limited to, providing misleading information to any feedback system employed through the Sites;
  • Transmit or upload any material that contains viruses, Trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious software programs;
  • Interfere with or disrupt the Sites, networks or servers connected to the Sites, such as by attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures, attempting to interfere with service to any user, host or network, such as by overloading, “flooding,” “spamming,” “mailbombing” or “crashing, sending unsolicited email, including promotions and/or advertising of products or services, or forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or otherwise violating the regulations, policies or procedures of such networks or servers;
  • Attempt to gain unauthorized access to the Sites, logins and passwords of others, or computer systems and networks connected to the Sites;
  •  Upload or otherwise transmit any information or content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
  • Upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation (commercial or otherwise);
  • Employ any type of bots that can disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, show multiple screens, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
  • Use or attempt to use any engine, software, tool, agent or other device or mechanism (including browsers, spiders, robots, avatars or intelligent agents) to navigate or searchthe Sites other than the search engine and search agents which The Society makes available on the Sites and generally available third-party web browsers;
  • intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law.
  • Link, "frame" or "mirror" any content or information contained on or accessible from the Sites through use of your login information without the prior written approval of the Society or its licensors, as may be appropriate.
  • Violations of system or network security may result in civil or criminal liability.  The Society will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

You agree to:
 

  • Comply with all notices, instructions and rules posted on the Sites; and
  • Implement all Internet access and all security procedures required to use the Sites at the sole expense of You.
  • Take any and all applicable administrative, physical and technical safeguards to protect the security of the electronic exchange of patient information as set forth by federal regulations.
     

From time to time, The Society may establish general practices and limits concerning use of the Sites without notice to you. These general practices and limits may include, without limitation, the maximum number of days that User Content will be retained by the Sites, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. The Society has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Sites or any change in these policies.

Intellectual Property Rights Notice

Except for the User Content you submit, all of the content you see and hear on the Sites, including all data, images, logos, illustrations, graphics, sound, audio clips, software, and text, represents valuable proprietary and intellectual property of other users, the Society or its licensors. Such content and information are protected by international, federal, and state laws, rules, orders and regulations relating to intellectual property. 

Except for the permission you have to display, copy, distribute and download the User Content from this Sites, as described in the section entitled “User Provided Content,” you agree not to reproduce, distribute, display, revise, create derivative works of, copy, publish, sell, license, or edit any such content and information.  You may not "mirror" any content or information contained on these Sites without The Society’s advance written consent.  You may not create links to these Sites from other sites without The Society’s advance written consent and compliance with all applicable laws.

The Society’s logos and service marks and product and service names are the Society’s trademarks or registered trademarks in the United States and other countries.  These Terms of Use do not grant you any license in the Society’s trademarks.

Use of the Internet

Internet software or electronic transmissions may produce inaccurate or incomplete copies of the Sites’ content when downloaded and displayed on any computer.  The Society does not assume any liability or responsibility whatsoever for such matters or the inaccurate or incomplete information or data arising from software problems, transmissions errors, the display of content in browser frames displaying information from other websites, or any misinterpretation of the content for such reasons.  The Society is not responsible for computer viruses or other destructive programs which are introduced by visitors or other providers or software or content.  You are advised to employ security and virus protection software on all computer systems used to access the Internet or to share files with other computer systems.  Any unprotected email communication over the Internet is, as with communication via any other medium, subject to possible interception or loss.

Disclaimers

The information provided by The Society is provided for informational purposes only and does not act as a warranty or guaranty. THIS SITE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. THE CENTER AND ITS LICENSORS AND SUPPLIERS HEREBY DISCLAIM ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

The Sites is comprised of information and materials submitted by various individuals who use the Sites.  The Society does not endorse, recommend or guaranty any User Content or any opinion, recommendation or advice expressed therein and The Society expressly disclaims any and all liability in connection with any content made available via the Sites, including without limitation User Content.  The Society assumes no responsibility for the accuracy, timeliness, deletion, misdelivery of information or failure to store any user communications or personalization settings.

Limitations

IN NO EVENT WILL THE CENTER OR ITS LICENSORS OR SUPPLIERS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THIS SITE OR ANY CONTENT OR INFORMATION ASSOCIATED THEREWITH, OR ANY OTHER LINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, OR OTHERWISE, WHETHER BASED IN TORT, CONTRACT OR OTHER LEGAL THEORY, EVEN IF the Society OR ITS LICENSORS OR SUPPLIERS IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE CENTER OR ITS LICENSORS OR SUPPLIERS BE LIABLE IN THE AGGREGATE FOR ANY DAMAGES INCURRED BY YOU IN EXCESS OF $100.

Additional Features.

Additional terms and conditions may apply for your use of certain features of the Sites, such as the purchase of products or services. Some of the features or functionality of the Sites may require you to have third party software installed on the equipment you use to access the Sites. You are solely responsible to obtain and maintain all rights and licenses to third party software and equipment necessary to utilize such features and functionality.

Suspension and Termination of a Registered User Account.

The Society spends valuable resources to provide the Sites, and your access and use of the Sites is a privilege and not a right. SitesAlthough the Society has no obligation to monitor the User Content, the Society reserves the right to determine whether User Content is appropriate.

In its sole discretion, the Society may remove and discard any User Content or other content, in whole or in part, within the Sites for violation of these Terms of Service, including removal of any information that the Society finds to be personally identifiable information, with or without notice. The Society reserves the right to discontinue providing the Sites with or without notice.

Miscellaneous

In the event any of the provisions of the Terms of Use are held unenforceable or invalid by a court of competent jurisdiction, such provisions shall be deemed severed from the applicable agreement, and the remaining provisions thereof shall remain in full force and effect. Failure of any party to enforce, in any one or more instances, any of the provisions herein shall not be construed as a waiver of the future performance of any such terms or conditions. No consent to a breach of any express or implied term of the Terms of Use or any other notice, directive, or rule otherwise posted on the Sites shall constitute a consent to any prior or subsequent breach. These Terms of Use will be governed by the laws of the State of Georgia, United States of America. 

Authority to Accept Terms of Service

By checking "I Accept", you represent and warrant that you have the authority to accept these Terms of Service on behalf of yourself and any organization or institution you represent, that you are more than 18 years of age, and will abide by and comply with these Terms of Service. If you do not agree with these Terms of Service, do not click I Agree and do not access the Sites.

Procedure for Making Copyright Infringement Claims

The Society and its affiliates respect the intellectual property of others.  If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us the written information specified below.  Please note that this procedure is exclusively for notifying us and our affiliates that your copyrighted material has been infringed.  If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Sites, you may notify our copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 (DMCA). 

For your complaint to be valid under the DCMA, you must provide the following information when providing notice of the claimed copyright infringement:  (1) a physical or electronic signature of a person authorized to act on behalf of the copyright owner; (2) identification of the copyrighted work or other intellectual property that you claim to have been infringed; (3) identification of the material that you claim is infringing as well as information reasonably sufficient to permit us to locate the material on the Web site; (4) your address, telephone number, and, e-mail address; (4) a statement by you that you as the complaining party have 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 (5) a statement, made under penalty of perjury, that the information in the notification is accurate, and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. The foregoing information must be submitted as a written notification to the following Designated Agent:

    Atlanta Historical Society Sites
    Copyright Claims Agent
    130 West Paces Ferry Road NW
    Atlanta, GA  30305-1366

WE CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CIVIL PENALTIES.  THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER’S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION.  YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.

This information should not be construed as legal advice.  For further details on the information required for valid DMCA notifications, see 17 U.S.C. 512(c)(3).

NOTE:  This information is provided exclusively for notifying the service providers referenced above that your copyrighted material(s) might have been infringed.  All other inquiries, including technical requests, reports of e-mail abuse and third party reports of piracy, will not receive a response through this process.