Terms of Use
Terms of Use
Acknowledgement
Welcome to dehistory.org (referred to as “DHS site” or “site”), the website of the Delaware Historical Society (referred to as “DHS,” “we,” or “us”). Please be aware that by using this website, you agree to these terms and conditions. This agreement explains expectations from us and what we except from you regarding the use of our site. If you do not agree to these terms, please discontinue using the site and refrain from using its features and content.
We reserve the right to update or revise these terms and to make changes anywhere on the website at any time. Changes are considered in effect upon posting. Please check this page for updates.
Privacy
DHS is committed to protecting the privacy rights of our website users following applicable laws and regulations. Your access to and use of our site is also conditioned on your acceptance of and compliance with our Privacy Policy, which describes our policies and procedures on the collection, use, and disclosure of your personal information when using our site.
Intellectual Property & Copyright
This site is the intellectual property of the Delaware Historical Society and protected by copyright laws and other intellectual property laws. All the content on this website, including but not limited to, images, text, graphics, video, sound, and digital files, and design elements and functionalities, is subject to copyright. Data contained within or associated with those files is also covered by copyright. No part of this website may be used commercially without our permission. Reproducing, downloading, publishing, and distributing protected materials on this website, except for the purposes of fair use as defined by copyright law, is strictly prohibited.
Images, digital files, and other materials offered as ‘Educator Resources’ are for educational and personal use only. For more information about Photo Usage, go to dehistory.org/photo-policy.
To inquire further about copyright, go to dehistory.org/copyright or contact: deinfo@dehistory.org
Permission to Publish
Prior permission must be obtained to publish or display any items copied from the collections.
Please send a written request to Leigh Rifenburg, Chief Curator at lrifenburg@dehistory.org
Online Conduct
You are prohibited from using the website to transmit unlawful, harmful, threatening, abusive unlawful, harmful, threatening, abusive, harassing, defamatory, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense or otherwise violate any applicable local, state, national, or international law.
You may use our site in accordance with the terms of this agreement. You agree not to use our site in any way that violates any applicable federal, state, local, or international law or regulation, for the purpose of exploiting, harming, or attempting to exploit or harm minors or any other users in any way by exposing them to inappropriate content, asking for personal information, or otherwise, or to engage in any other conduct that restricts or inhibits anyone’s use of our site, or which, as determined by us, may harm or expose the Delaware Historical Society, its contributing partners, or users of the site to liability.
Availability and Access
Delaware Historical Society will not be held liable if, for any reason, all or any part of our website is unavailable at any time or for any period. We make every attempt to ensure that our content is complete, current, and accurate, but we cannot guarantee content will not contain errors, inaccuracies, or omissions.
Under no circumstances shall any party involved in creating, producing, or distributing content for our website be held liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use our website, including but not limited to reliance by you on any information obtained from our website or from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, communications failure, theft, destruction, or unauthorized access to the company’s records, programs, or services.
You agree that use of our site is at your sole risk, and we are not liable for any damages of any kind related to your use of this website. The website and content are provided on an “as is” basis without warranty of any kind.
Hyperlinks to Other Websites
This website may contain links to third party websites that are not owned or operated by the Delaware Historical Society and therefore, we are not responsible for the availability of content, and we do not warrant the offerings of any of these sites or the content. We do not assume any responsibility or liability for the accuracy, relevance, or legality of material or information contained or retrieved on these sites or for the actions, product, and content of any of these sites and any other third parties.
Indemnification
By using our website, you are consenting to this agreement, and you agree to defend, indemnify, and hold harmless Delaware Historical Society, its employees, trustees, directors, contributing partners, affiliates, licensors, and service providers against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of the terms of this agreement or your use of our websites, including, but not limited to, your use of any content on our websites, other than as expressly authorized in the terms of this agreement, or your use of any information obtained from our sites.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for download from the internet or on our sites will be free of viruses or other threats. You are responsible for implementing anti-virus protection or ensuring it is installed and active on the device by which you access our site.
To the fullest extent provided by law, we will not be liable for any loss or damage caused by viruses or other technological threats that may affect your computer equipment and data due to your use of our website or images or materials obtained through our website, via download or other means, or visiting a third party website linked to from our website.
Use of our website and content is at your own risk. We disclaim all warranties of any kind, whether expressed or implied, including but not limited to warranties of fitness for a particular purpose, copyright ownership, and/or noninfringement of copyrights or other third-party proprietary rights. We do not warrant that the site will provide continuous, prompt, secure, or error-free service.
By visiting our website, you agree that the laws of the state of Delaware, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and the Delaware Historical Society. You agree that any cause of action you may have arising out of or related to these terms of use must commence within one (1) year after the cause of action accrues; otherwise, such cause of action shall be permanently barred.
Limitation of Liability
To the fullest extent provided by law, in no event will Delaware Historical Society, its contributing partners, its affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, our websites, any websites linked to it, any content on our websites or such other websites, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.
Entire Agreement
By using our website, you are acknowledging and accepting that our Terms of Use constitute an agreement between you and the Delaware Historical Society regarding your use of our website and our services and supersede all prior understandings, agreements, and warranties.
Governing Law and Jurisdiction
All matters relating to our websites and this agreement and any dispute related thereto shall be governed by Delaware Law without giving effect to any choice or conflict of law provision or rule that would cause the application of the laws of any jurisdiction other than the State of Delaware. Unauthorized use or misuse of the material presented on our sites may be brought in the state and federal courts in the State of Delaware, under United States copyright law, and you agree to submit to the jurisdiction of such courts in the State of Delaware.
Validity
If any part of this agreement is found void and unenforceable, it will not affect the validity of the balance of the agreement, which shall remain valid and enforceable according to its terms. This agreement shall automatically terminate upon failure by you to comply with its terms.
All concerns and questions regarding this policy, comments, feedback, requests for technical support, and other communications (if you feel that this site is not following its state information policy, or to review or request changes to your information) should be directed to:
Delaware Historical Society
505 North Market Street,
Wilmington, Delaware 19801
deinfo@dehistory.org
www.dehistory.org
Submit Web Feedback
(302) 655-7161
