Terms of Use

Last Updated April 2nd, 2021

            These Terms of Use and any terms expressly incorporated herein (these “Terms”) apply to any access to, or use of, any websites or services made available by Atlanta Historical Society, Inc., together with its affiliates (“AHS”, “we”, “us” or “our”), including without limitation, our website located at https://www.atlantahistorycenter.com/, other websites, mobile sites, mobile applications and other online services that link to these Terms (collectively, the “Sites”). For the purposes of these Terms, the terms “you”, “your”, and “yourself” means you as the user of the Sites.

            These Terms apply to your access to, and use of, the Sites and form a legally binding agreement between you and us. Please take the time to read these terms carefully. By using the SITES, you are agreeing to these Terms. If you do not agree with these terms, please do not access or use the SITES.

1.         Changes to these Terms. We retain the exclusive right, in our sole discretion, to make changes to these Terms, from time to time. Your continued access to and use of the Sites constitutes your agreement to be bound by, and your acceptance of, the Terms posted at such time. You acknowledge and agree that you accept these Terms (and any amendments thereto) each time you access or use the Sites. Therefore, we encourage you to review these Terms regularly.

2.         Site Materials.

            2.1       Use of the Materials.

                       (a)        The text, images, audio and video clips, design, code, software, and data on the Sites are protected by copyright and may be covered by other laws of ownership and use restrictions as well. We retain all rights, including copyright, in data, images, software, documentation, text, and other information contained in these files (collectively, the “Materials”).

                       (b)        The Materials may be owned by us, owned by others and used with their permission, or used in accordance with applicable law. Some Materials are in the public domain and some Materials are protected by third-party rights such as copyright, trademark, rights of publicity, privacy, and contractual restrictions.

                       (c)        By downloading, printing, or otherwise using the Materials from the Sites, you agree and warrant that you will limit your use of such files to fair use and will comply with all other terms and conditions of this license and will not violate the rights of AHS or any other person or entity. Information on United States copyright fair use law is available from the United States Copyright Office. Please note that you are responsible for determining whether your use is fair and for responding to any claims that may arise from your use.

                       (d)        Notwithstanding the foregoing, we only allow personal, educational, and other non-commercial uses of the Materials subject to the following terms. The user must:  (i) cite the author and source of the Materials, (ii) cite and link to (when possible) the Sites as the source of the Materials, (iii) not remove any copyright, trademark or other proprietary notices including attribution, information, credits and notices that are placed near the Material used and (iv) comply with all terms or restrictions other than copyright (such as trademark, publicity and privacy rights, or contractual restrictions) as may be specified in the metadata, or as may otherwise apply to the Materials.

                       (e)        We endeavor to provide information that we possess about the copyright status of the Materials and to identify any other terms and conditions that may apply to the use of the Materials, such as trademark, privacy or publicity rights, or donor or other contractual restrictions. However, we can offer no guarantee or assurance that all pertinent information is provided or that the information is correct in each circumstance. It is your responsibility to determine what permission(s) you need in order to use the Materials and, if necessary, to obtain such permission. If you have specific questions or information about the Materials, please contact the appropriate AHS department or program associated with the Materials. 

            2.2       Our License to You; Unauthorized Use of the Materials.

                       (a)        Subject to your full compliance with these Terms and any other usage policies that we may enact, from time to time, we grant you a personal, non-exclusive, revocable, worldwide, royalty-free, non-assignable, non-transferrable, and non-sublicensable license to use the Sites for your non-commercial and personal use only. Such license is subject to these Terms and does not include:

                                 (i)         Any resale or commercial use of the Sites or the Materials therein;

                                 (ii)        The reproduction, distribution, public performance or public display of any Materials, except as expressly permitted on the Sites;

                                 (iii)       Modifying, or otherwise making any derivative uses, of the Sites and the Materials, or any portion thereof;

                                 (iv)       Use of any data mining, robots or similar data gathering or extraction methods;

                                 (v)        Downloading (other than the page caching) of any portion of the Sites, the Sites Materials or any information contained therein, except as expressly permitted on the Sites; or

                                 (vi)       Any use of the Sites or the Materials other than for its intended purpose.

                       (b)        Any use of the Sites or the Materials other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms will be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. 

3.         User Content.

            3.1       User Content. We provide certain interactive features, such as blogs and information in furtherance of our mission. Any communication or material you post, transmit, or distribute to the Sites, including any Feedback (defined below), Tagged Media (defined below), data, other content, questions, comments, suggestions, or the like (“User Content”), is and will be treated as, non-confidential and non-proprietary. You hereby grant to us a royalty-free, fully paid-up, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, copy, modify, create derivative works of, display, perform, publish and distribute, in any form, medium or manner, to any User Content.

           3.2       Feedback. We welcome feedback, comments, and reviews of the Sites, and suggestions for improvements to the Sites (“Feedback”). You can submit Feedback by emailing us. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.

           3.3       Tagged Media. You may share photos and videos on social media by tagging our relevant social media account (“Tagged Media”). You acknowledge and agree that the Tagged Media may be used by us for our own lawful purposes, and you hereby grant us permission to use and authorize others to use your name or social media handle in association with the Tagged Media for identification, publicity related to the Sites and similar promotional purposes. You represent and warrant that posting and use of your Tagged Media, including to the extent such Tagged Media include your name, likeness, voice, or photograph, does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark or other intellectual property rights.

            3.4       Posting User Content.You may interact with our Sites by posting, transmitting, or distributing User Content subject to the following terms and conditions:

                      (i)         You are solely responsible for the User Content that you submit.

                      (ii)        By posting User Content, you are giving us and those authorized by us permission to use it for any educational, promotional, or other standard history center or museum purpose.

                      (iii)       You will not post any User Content that is unlawful, harassing, discriminatory, libelous, obscene, or pornographic, or that infringes on the rights of any third party.

                      (iv)       You will only post User Content that is yours or for which you have received permission from the person or entity that owns the User Content and the related intellectual property rights.

                      (v)        You will not post User Content, your own or a third-party’s, for advertising or promotional purposes.

                      (vi)       You understand that we may monitor or review discussions, chats, transmissions, or any other postings, from time to time, and reserve the right, in our sole discretion, to edit or remove any User Content that does not comply with these Terms or is otherwise objectionable, inappropriate, or inaccurate.

                      (vii)      You understand and agree that we assume no responsibility or liability arising from the posting of your User Content or for any error, defamation, libel, omission, obscenity, danger, or inaccuracy contained in any User Content or from any failure or delay in removing such User Content.

                      (viii)     You will not introduce any software viruses, worms, or other programs designed to damage software, hardware, or telecommunications equipment.

                      (ix)       You agree that you will not collect information about the users of our Sites or use such information for any purpose.

           (x)        You are not under the age of 13.

4.         Copyright Policy.

            (a)        We honor copyright laws, including the Digital Millennium Copyright Act (17 U.S.C. § 512) (the “DMCA”). We therefore take reasonable steps to expeditiously remove from our Sites any infringing material that we become aware of.

            (b)        We make it easy for you to report suspected copyright infringement. If you believe that anything on the Services infringes a copyright that you own or control, please report it by filing a notice with our designated agent:

Atlanta Historical Society, Inc.
Attn: Copyright Claims Agent
130 West Paces Ferry Road NW
Atlanta, Georgia 30305
Email:  copyright@atlantahistorycenter.com

            NoteDo not use this email address for anything other than reporting copyright infringement, as such emails will be ignored.

            (c)        If you file a notice with our designated agent, the notice must comply with the requirements set forth at 17 U.S.C. § 512(c)(3). That means that the notice must:

                      (i)         Contain the physical or electronic signature of a person authorized to act on behalf of the copyright owner;

                      (ii)        Identify the copyrighted work claimed to have been infringed;

                      (iii)       Identify 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 let us locate the material;

                      (iv)       Provide your contact information, including your address, telephone number, and an email address;

                      (v)        Provide a personal statement that you have a good-faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

                      (vi)       Provide a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

5.         Our Online Store.

            5.1       Purchasing on the Sites.

                       (a)        We have the right to refuse, limit, or cancel any orders placed on the Sites in our sole discretion. Errors in pricing are subject to correction and may be adjusted at any time. Errors in order processing are also subject to correction. We reserve the right to require strict compliance with any of our ordering / purchasing policies, including any return or exchange policies. You must be at least eighteen (18) years of age to make a purchase on the Sites.

                       (b)        When you purchase an item from our store online, we and our third-party merchants and agents will request information necessary to process your purchase or process your membership and acknowledge your contribution. We do not otherwise use your personal information or make your personal information available to third-parties except as permitted by these Terms and our Privacy Policy.

            5.2       Product Representation. Every attempt is made to provide accurate information about our shop products. We do not warrant that any information on the Sites, including product descriptions, promotions, and product availability, is correct, complete, current, or without typographical errors. All typographical errors, inaccuracies, and omissions are subject to correction. If a product offered on the Sites is not as described or visually represented, your sole remedy is to return it in unused condition.

6.         Termination. Notwithstanding any of these Terms, we reserve the right, without notice and in our sole discretion, to terminate your license to use the Sites, and to block or prevent your access to and use of the Sites. All parts of these Terms which by their nature should survive the termination of these Terms shall continue in full force and effect subsequent to and notwithstanding the termination of these Terms or your use of the Sites.

7.         Security. While we work to protect the security of our Sites, we cannot guarantee that unauthorized third-parties will be able to defeat the security measures of the Sites. If you choose, or are provided with any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You agree to notify us immediately of any breach of security of the Sites.

8.         Privacy Policy. Please refer to our Privacy Policy, as updated from time to time, located at: https://www.atlantahistorycenter.com/privacy-policy/, or such other URL as we may provide, from time to time, for information about how we collect, use, and share your personal information. By using and providing personal information to or through the Sites, you consent to all actions taken by us with respect to your personal information in compliance with the Privacy Policy.

9.         Third-Party Products and Sites.

           (a)        TheSites may offer the use of products and services owned by third parties (such as video communications services) (“Third Party Products”) and/or provide access or links to third party websites (“Third Party Sites”). If you decide to use any Third Party Products or access any Third Party Sites, you are solely responsible for your selection, review of separate product terms, website terms, and privacy policies. We are not affiliated with these Third Party Products or Third Party Sites and we do not endorse or recommend Third Party Products or Third Party Sites even if such products and sites are available through our Sites or associated with us in any way. YOU AGREE THAT THE THIRD PARTIES, NOT US, ARE SOLELY RESPONSIBLE FOR THE THIRD PARTY PRODUCTS’ AND THIRD PARTY SITES’ PERFORMANCE (INCLUDING TECHNICAL SUPPORT), THE CONTENT ON THEIR WEBSITE, AND THEIR USE OR DISCLOSURE OF YOUR DATA. WE WILL NOT BE LIABLE FOR ANY DAMAGES, CLAIMS, OR LIABILITIES ARISING FROM THE THIRD PARTIES, THIRD PARTY PRODUCTS, OR THIRD PARTY SITES. YOU FURTHER AGREE TO HOLD US HARMLESS FROM ANY LIABILITY THAT MAY RESULT FROM THE USE OF THIRD PARTY PRODUCTS AND THIRD PARTY SITES.

           (b)        You agree that you will (i) comply with all applicable laws, regulation and ordinances; (ii) not use the Third Party Products in any manner that would infringe or violate our rights or the rights of any other party; and (iii) not use the Third Party Products in any way in furtherance of criminal, fraudulent or other unlawful activity.

10.       Indemnity. You agree to indemnify, defend, and hold us harmless from any claims, losses, or damages, including legal fees, resulting from your violation of these Terms, your use of the Sites, or your placement of any content onto the Sites, and to fully cooperate in our defense against any such claims.

11.       Disclaimer and Limitation of Liability. THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.  CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. WE AND/OR OUR SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITES AT ANY TIME. WE AND/OR OUR SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITES FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND.  WE AND/OR OUR SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE AND/OR OUR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITES, WITH THE DELAY OR INABILITY TO USE THE SITES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITES, OR OTHERWISE ARISING OUT OF THE USE OF THE SITES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE OR ANY OF OUR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

12.       Contact Us. If you have any questions or concerns about the Sites, please contact us by filling out our form or consulting our list of contacts at https://www.atlantahistorycenter.com/about-us/contact/ so that the appropriate office may respond to your comments and inquiries.

13.       Miscellaneous.

           13.1      Governing Law. The interpretation and enforcement of these Terms, and any dispute related to these Terms or the Sites, will be governed by and construed and enforced in accordance with the laws of State of Georgia (US), without regard to conflict of law rules or principles (whether of Georgia or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. You agree that we may initiate a proceeding related to the enforcement or validity of our intellectual property rights in any court having jurisdiction. With respect to any other proceeding that is not subject to arbitration under these Terms, the federal and state courts located in Atlanta, Georgia will have exclusive jurisdiction. You waive any objection to venue in any such courts.

           13.2      No Conflicts. These Terms shall govern and any conflicting, inconsistent, or additional terms contained in such documents shall be null and void. 

           13.3      Assignment. These Terms are binding upon and inure to the benefit of the permitted successors and assigns of each party. You may not assign, subcontract, delegate or otherwise convey these Terms, or any of its rights and obligations hereunder. Notwithstanding anything to the contrary in these Terms, we may assign, transfer, and delegate this agreement (these Terms) and its obligations hereunder at any time, in its sole discretion.

           13.4      Severability. If any provision of these Terms is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of any such provision in every other respect and the remaining provisions of these Terms will be unimpaired and these Terms will continue in full force and effect, unless the provisions held invalid, illegal, or unenforceable will substantially impair the benefits of the remaining provisions hereof.

           13.5      Waiver. The failure of either party to insist upon strict performance or to seek remedy for breach of any term of these Terms, or to exercise any right, remedy or election herein or permitted by law or equity, will not constitute nor be construed as a waiver or relinquishment in the future of such term, condition, right, remedy, or election. Any consent, waiver, or approval by either party of any act or matter will not be effective unless made in writing and signed by an authorized representative of the consenting, waiving, or approving party.

           13.6      Force Majeure. We will not be responsible or liable to you or deemed in default or breach hereunder by reason of any failure or delay in the performance of its obligations hereunder (including the temporary unavailability or inaccessibility of the Sites) where such failure is the result of Force Majeure. As defined herein, “Force Majeure” means any (a) acts of God, flood, fire, wind, storm, drought, earthquake, or other natural disaster; (b) epidemic, pandemic or other public health emergency; (c) terrorist attack, civil war, civil commotion or riot, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations; (d) nuclear, chemical or biological contamination, or sonic boom; (e) any law or any action taken by a government or public authority; (f) collapse of building, breakdown of plant or machinery, fire, explosion, or accident; (g) any labor or trade dispute, materials or transport, strike, industrial action or lockout; (h) interruption or failure of utility service; or (i) or any other cause, whether similar or dissimilar to those enumerated, that is beyond our reasonable control and without our fault or negligence.

           13.7      No Third-Party Beneficiaries.These Terms are personal to you and to us, and no third-party shall be considered a beneficiary hereof, for any purpose.

           13.8      No Agency or Employment. No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by these Terms.

           13.9      Equitable Relief. You acknowledge and agree that your breach of these Terms would cause irreparable harm to us, for which money damages alone would be inadequate. In addition to damages and any other remedies to which we may be entitled, you acknowledge and agree that we may seek and shall be entitled to injunctive relief hereunder to prevent the actual, threatened or continued breach of these Terms.

           13.10    Entire Agreement; Order of Precedence. These Terms contain the entire agreement and supersede all prior and contemporaneous understandings between the parties regarding the Sites. In the event of any conflict between these Terms and any other agreement you may have with us, these Terms will control unless the other agreement specifically identifies these Terms and declares that the other agreement supersedes these Terms.

[End of Terms of Use]