Welcome to the website of the East Palo Alto Community Archive (the “Archive”). The Archive is a project designed by residents of East Palo Alto to share our stories, our history, and our legacy with the whole community of East Palo Alto and beyond.
Please read the following terms of use carefully before using the website. These terms are binding on the parties, and your use of the East Palo Alto Community Archive website constitutes your agreement to these terms, which may be updated by us from time to time without notice.
These terms incorporate by reference our Privacy Policy. Please read the Privacy Policy carefully, as you agree to its terms when you use the website.
We welcome your use of the website, subject to the following restrictions.
You are free to share links to content you find here, that you wish to share with others. However, except as authorized by the Archive under a separate written agreement with you, you may use, download, or print material included on the website only for personal and noncommercial use; any commercial use, such as selling content, or posting Archive content on another website, is prohibited. Further, you may not:
You agree to be solely responsible for your use of the website. Your permission to use the website will be terminated immediately without any further action by the Archive, if you breach these terms.
The heart of the Archive is in the archival material contributed by community members. The website may from time to time include images or audio or video recordings, or links to such material. Unless otherwise stated where the content is presented, all content on the website, including without limitation all articles, blog posts, comments, illustrations, maps, photographs, video clips, and audio clips, and related software (“Archive Content”) is the sole property of the Archive or its affiliates or licensors, and is protected by relevant intellectual property rights under U.S. laws. No copyright or other rights, title, or interest in such content is transferred to you other than those expressly granted in these terms. Any third-party trademarks or service marks displayed on the website are the property of their respective owners; no right, title or interest in those marks is granted by these terms.
THE WEBSITE AND ALL INFORMATION, SERVICES OR LINKS ON OR THROUGH THE WEBSITE ARE PROVIDED TO YOU “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR, ANY RISKS ASSOCIATED WITH THE USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION, ANY RELIANCE ON THE ACCURACY OR USEFULNESS OF ANY CONTENT OR SERVICES AVAILABLE ON OR THROUGH THE WEBSITE OR ON OR THROUGH ANY LINK OR LISTING. THE ARCHIVE DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE WEBSITE AND ANY CONTENT OR SERVICES AVAILABLE ON OR THROUGH THE WEBSITE OR ON OR THROUGH ANY LINK OR LISTING, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE.
THE ARCHIVE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY THEORY, WHETHER IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY (INCLUDING DETRIMENTAL RELIANCE), INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, USE, DATA, LOSS OF INTELLECTUAL PROPERTY, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION IN CONNECTION WITH YOUR USE OR ANY OTHER PARTY’S USE OR MISUSE OF THE WEBSITE, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE WEBSITE IS TO STOP USING THE WEBSITE. THE MAXIMUM LIABILITY OF the Archive FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, SHALL BE $100 US DOLLARS.
WE DO NOT GUARANTEE THAT THE WEBSITE WILL BE OR REMAIN SECURE, COMPLETE OR CORRECT, THAT THE WEBSITE, THE SERVER THAT MAKES THE WEBSITE AVAILABLE, OR THE SERVICES ARE FREE OF ERRORS, VIRUSES, BUGS OR OTHER HARMFUL COMPONENTS, OR THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED. THE WEBSITE MAY INCLUDE INACCURACIES, ERRORS AND MATERIALS THAT VIOLATE OR CONFLICT WITH THIS AGREEMENT. ADDITIONALLY, IT IS POSSIBLE THAT THIRD PARTIES MIGHT MAKE UNAUTHORIZED ALTERATIONS TO THE WEBSITE.
You agree to indemnify and hold the Archive and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the website, your connection to the website, your violation of the terms, or your violation of any rights of another person or entity.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the website infringe your copyright, you (or your agent) may send the Archive a notice requesting that we remove the material or block access to it. If you believe, in good faith, that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send the Archive a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov for details. Notices and counter-notices should be sent to: Designated Agent for Copyright (Phone: 408-384-9340), 321 Bell St., East Palo Alto, CA 94303; or by email at Info@EPACommunityArchive.org.
The website is not intended for and is not designed to attract children under 13 years of age. These terms and the relationship between you and the Archive shall be governed by the laws of the State of California without regard to its conflict of law provisions. A printed version of the terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Section titles in the terms are for convenience only and have no legal or contractual effect. Any rights not expressly granted herein are reserved.
October 26, 2022
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