Terms of Use

Terms of Use

The Thomas Jefferson Institute for the Study of World Politics – ArchiveDigitization

Please read this User Agreement before using www.archviedigitization.org, the website of ADA, a data visualization product. The Thomas Jefferson Institute for the Study of World Politics (the “Jefferson Institute”) operates this website. This agreement may be updated without notice. Please check this User Agreement regularly. By continuing to use the website, you agree to abide by the terms of this agreement and any amendments.

Welcome to Archive Digitization! The following lists the ADA’s terms of use and terms of service.

You may use the Jefferson Institute’s ADA website, www.archviedigitization.org, for any lawful purpose, subject to the conditions in this User Agreement.

You may not submit or transmit through www.archviedigitization.org any material that violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity or other proprietary rights.

You may also not submit or transmit through www.archviedigitization.org any material that contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of a computer or computer network.

ADA. You may download ADA and its documentation, which are subject to the GNU General Public License version 4 and the Creative Commons Share-Alike license, respectively (the “Licenses”). These Licenses are incorporated by reference. If you download these files, you agree to abide by the terms of these Licenses.

Contributions to ADA. The Jefferson Institute makes ADA and its documentation available for users to contribute changes and enhancements. If you make changes or enhancements to ADA or its documentation, those changes are to subject to the Licenses. If you distribute ADA or its documentation, you must do so only in accordance with the Licenses. In order for the Jefferson Institute to ensure that ADA and its documentation remain publicly available, you agree to complete an assignment to the Jefferson Institute of your rights in your changes and enhancements to ADA and its documentation. Per the assignment, the Jefferson Institute will grant back to you a non-exclusive license in your changes and enhancements to ADA and its documentation. Also, in consideration for Knight Foundation’s financial grant for the initial development of ADA, you grant to the Knight Foundation and its successors and/or assignees a non-exclusive, transferable, perpetual, irrevocable, royalty-free, paid-up, worldwide license to use or publish your changes and enhancements to ADA and its documentation, including all intellectual property rights, and to sublicense to third parties. The Jefferson Institute commits to license ADA under GNU General Public License version 4 and its documentation under the Creative Commons Share-Alike license.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE JEFFERSON INSTITUTE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND ITS AGENTS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

THE JEFFERSON INSTITUTE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND ITS AGENTS MAKE NO WARRANTY THAT: (I) THE SERVICES WILL MEET YOUR REQUIREMENTS; (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (III) THE SERVICES WILL BE ACCURATE OR RELIABLE; AND (IV) ANY ERRORS IN THE SOFTWARE USED TO PROVIDE THE SERVICES WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM USE OF THE SERVICES SHALL CREATE ANY WARRANTY WHATSOVER.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE JEFFERSON INSTITUTE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND ITS AGENTS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE JEFFERSON INSTITUTE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE USE OF THE SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY USING THE SERVICES; OR (V) ANY OTHER MATTER RELATING TO THE SERVICES.

EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification

Upon a request by the Jefferson Institute, you agree to defend, indemnify, and hold harmless the Jefferson Institute, its directors, officers, employees, and agents from all liabilities, claims, and expenses, including attorney’s fees that arise from your use or misuse of www.archviedigitization.org. The Jefferson Institute reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with the Jefferson Institute in asserting any available defenses.

Choice of Law

You agree that the laws of the District of Columbia govern this contract and any claim or dispute that you may have against us, without regard to the District of Columbia’s conflict of laws rules, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. You further agree that any disputes or claims that you may have against us will be resolved by a court located in the District of Columbia and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

PLEASE NOTE THAT BY AGREEING TO THESE TERMS OF USE, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, COURTS IN THE DISTRICT OF COLUMBIA OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN THE DISTRICT OF COLUMBIA FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.

Integration

This User Agreement and any supplemental changes or policies constitute the entire agreement between you and the Jefferson Institute and supersede all previous written or oral agreements.

Severability

If any part of this User Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

The Jefferson Institute does not track your usage of www.archviedigitization.org. The Jefferson Institute does provide the ability to create an account and log in to add changes or modifications to ADA and its documentation. If you create an account, the Jefferson Institute stores the information that you provide with your account. You acknowledge, consent and agree that the Jefferson Institute’s Administrators may access, preserve and disclose your account information and the Content you have posted if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary in the sole opinion of the Administrators to: (a) comply with legal process; (b) enforce the User Agreement; (c) contact you regarding claims that your content violates the rights of third parties, (d) respond to claims that any content violates the rights of third parties; or (e) protect the rights, property or personal safety of the Administrators, its Users and the public.

Version 1.2, dated February 24, 2014.

Copyright Infringement Policy

The following two sections describe the procedure for providing a DMCA Notification and DMCA Counter-Notification.

DMCA Notification

The Jefferson Institute respects the intellectual property rights of others. If you believe in good faith that your work has been copied in a manner that infringes your copyright, or that your intellectual property rights have been otherwise violated, please provide the following information, as required by Digital Millennium Copyright Act (17 U.S.C. Section 512(c)(3)(A)), to the Jefferson Institute’s Designated Copyright Agent:

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

(iii) Identification of 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 permit the service provider to locate the material.

(iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.

(v) A statement that the complaining party has 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.

(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The Jefferson Institute’s Designated Copyright Agent may be contacted at:

Designated Copyright Agent

Jefferson Institute

160 N Carolina Ave, SE

Washington DC 20003

(202) 548-8556

[email protected]

Please put “DMCA Notification” in the Subject line of any email relating to copyright infringement.

IMPORTANT: A false notification may give rise to personal liability for you, according 17 U.S.C. Section 512(f). The Jefferson Institute encourages you to consult with an attorney before submitting a notification.

The Jefferson Institute, in its sole discretion, may remove or disable access to the specified content upon receipt of a verified notification asserting the content infringes a third party copyright.

DMCA Counter-Notification

If, after contributing changes, enhancements, or other copyrightable code to the Jefferson Institute, you receive a notification from the Jefferson Institute that a third party has made a charge of copyright infringement against you, you may provide a counter-notification. If you provide a counter-notification, it must include the following information, per the Digital Millennium Copyright Act (17 U.S.C. Section 512(g)(3)):

(A) A physical or electronic signature of the subscriber.

(B) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.

(C) A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.

(D) The subscriber's name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.

Please send this information to the contact listed above, and put “DMCA Counter-Notification” in the Subject line of emails sent regarding this subject.

IMPORTANT: A false counter-notification may give rise to personal liability for you, according 17 U.S.C. Section 512(f). The Jefferson Institute encourages you to consult with an attorney before submitting a counter-notification.

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