1. Use of Personal Information
2. Your Obligations
In consideration of your use of the Site, you agree to (a) provide true, accurate, and current information about yourself as prompted by submittable forms, (b) not use the Site for any unlawful purpose or any manner that is unlawful or in violation of these Terms and Conditions, and (c) not submit any executable files or code to or through the Site, or in any manner attempt to "hack" or interfere with the operation of the Site. If you (a) provide any information that is untrue, inaccurate, or not current, or (b) undertake any unlawful act or any act in violation of these Terms and Conditions, we have the right to refuse any and all current or future use of the Site.
3. Copyright and Use Information
All material on the YIVO Digital Archive on Jewish Life in Poland web site is for the personal use of students, scholars, and the public. Copying or redistribution for commercial gain without the permission of YIVO is prohibited.
The nature of historical archival collections means that copyright or other information about restrictions may be difficult to determine. Users should be aware that materials made available through this web site may be subject to additional restrictions, including but not limited to copyright and the rights of privacy and publicity of parties other than YIVO. USERS ARE SOLELY RESPONSIBLE for determining the existence of such rights and for obtaining any other permissions and paying associated fees which may be necessary for the proposed use. If you believe that you have rights in or to any of the materials displayed on the web site, please contact the YIVO Archives, YIVO Institute for Jewish Research, 15 West 16th Street, New York, NY, 10011-6301 or email us immediately at firstname.lastname@example.org.
Images reproduced from the collection of YIVO are for viewing and personal use only. Any other use, including but not limited to commercial or scholarly publication, exhibition, online/web site, broadcast/film, home video, and promotional use without prior written permission from YIVO is strictly prohibited. Granting or withholding of permission is determined by YIVO on a case-by-case basis, and a usage fee may be required.
3.1 Conditions of Use When Receiving Written Permission from YIVO
(a) Credit must be given to YIVO and the creator of the work, if known.
(b) Credit lines must appear with the image or on a credit page indicating the page number and the location on the page for each work. Films, videotapes, and slide shows may use a credit section at the beginning or end to give credit to YIVO.
(c) Permission to reproduce, publish, broadcast, or display a YIVO photograph or image of a YIVO artifact must be requested in writing to the Archives/Library, YIVO Institute for Jewish Research, 15 West 16th Street, New York, NY 10011-6301, email@example.com. The request should include the title of the work and the catalog number or locator of the work. Possession of a YIVO photograph or image of a YIVO artifact does not constitute permission to use it.
(d) If the copyright is still in effect, the publisher must seek permission from the creator of the work or his/her heirs. YIVO will provide the creator's name, if known.
(e) Permission is for one-time use only. The work may not be used for any purpose other than that listed in the request for permission.
(f) Photographs may be cropped to suit design and layout, but they may not be altered or drawn upon so that they look in any way different from the way they appear in the historical collection unless prior permission is obtained.
(g) YIVO reserves the right to refuse to grant permission and/or provide photograph reproduction services to publishers and individuals who have not complied with its policies.
4. Proprietary Rights to Content and Services
You acknowledge and agree that this Site contains information, data, software, special offers, press releases, reviews, photographs, graphics, text, images, logos, trademarks, icons, typefaces, audio and video material, and/or other material related to YIVO, our activities, our archives, and/or third parties, or otherwise (collectively, "Content") that is protected by copyrights, trademarks, or other proprietary rights, and that these rights are valid and protected in all forms, media, and technologies existing now or hereafter developed. You agree that any services provided in or through the site (collectively, "Services") and any software used in connection with the Services may contain proprietary and confidential information that may be protected by applicable intellectual property and other laws. The Content is our property of that of our suppliers or licensors. The compilation (meaning the collection, arrangement, and assembly) of all Content on this Site and in the Services is our exclusive property and is protected by U.S. international copyright and other laws. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer, license or sale of, create derivative works from, or in any way exploit any of the Content or any Services, in whole or in part. If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal information and non-commercial use, and that you do not alter or modify the Content in any way, and maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence, you may not upload, post, reproduce, perform, or distribute in any way any Content without obtaining permission of the owner of the copyright, trademark, or other proprietary right. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all Content provided through any Service. YIVO does not endorse or represent the reliability, accuracy, or quality of any Content displayed or advertised on any Service. Any item purchased or obtained by any user through any Service is done at the user's sole risk. YIVO shall not be responsible or liable for the accuracy, usefulness, or availability of any information transmitted via any Service.
YIVO, our logos, and all related marks are service marks of YIVO. They may not be used or displayed (except in the text of links to our site or as part of a citation) without our prior written consent. All other trademarks, product names, and company names and logos appearing on the site are the property of their respective owners, and may be used only with the permission of the particular owner.
6. Illegal Behavior
When visiting the Site, you agree that you shall not post, transmit, or communicate messages which might involve a criminal offense or cause any liability to or for YIVO not use the Site in any way which contravenes the law or which would prevent other users from fully benefiting from the Site.
7. Disclaimers of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE AS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
(b) WE DO NOT WARRANT OR REPRESENT THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE OR THAT SUCH ITEMS WILL MEET YOUR EXPECTATIONS, (v) THE SERVER(S) THAT MAKES THE SITE OR THE SERVICE AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (vi) ANY ERRORS IN THE SITE OR THE SERVICE WILL BE CORRECTED.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OR OBTAINING OF ANY SUCH MATERIAL. YOU (AND NOT US OR ANY OF OUR AFFILIATES) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS OF USE.
8. Limitation of Liability
(a) WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FORM THE USE OR THE INABILITY TO USE THE SITE OR THE SERVICE OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO OR THROUGH THE SITE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OF DATA, INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY (AND THAT OF OUR SUBSIDIARIES, AFFILIATES, SPONSORS, OR LICENSORS) TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE OR OTHERWISE) EXCEED $100.
(b) IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS AND CONDITIONS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS SITE.
9. Governing Laws
Any dispute between a User and YIVO will be governed by the laws in force in the State of New York, without considering the legal provisions with regard to the conflict of laws provided for in these laws, and the parties to the Agreement will submit to the exclusive jurisdiction of the courts located in the State of New York, in the case of dispute or violation of the provisions of the Agreement.
10. Modification of Agreement
All changes to these Terms and Conditions will be posted on the Site. If you do not agree with the changes in these Terms and Conditions, your sole remedy is to discontinue the use of the Site and the Service. BY USING THIS SITE AFTER WE POST ANY CHANGES TO THESE TERMS AND CONDITIONS, YOU THEREBY AGREE TO ACCEPT THOSE CHANGES.
Any inquiries concerning these terms and conditions of use should be directed to Executive Director, YIVO Institute for Jewish Research, 15 West 16 Street, New York, NY 10011-6301.
All content of this Site is: Copyright © 2013 YIVO Institute for Jewish Research, or third party content providers and is protected by international copyright law. All rights reserved.