Terms & Conditions of Use

Introduction
The Colonial Williamsburg Foundation (“CWF") provides text, audio and video files, data, media, digital images, trademarks, and all other content (collectively, “Content”) on its websites for personal and educational use only. Any commercial use of Content from CWF websites is strictly prohibited. By accessing our Content you agree to the following terms and conditions, which CWF may change at any time. You should refer to these terms and conditions each time you intend to use Content from any CWF website. If you have questions about the terms and conditions, you may contact us at the address listed in the “Contact Us” section below.

CWF Websites
These Terms and Conditions of Use apply to all of our websites, which individually, shall be referred to as a “Site” and together will be referred to as the “Sites.” They include the following:

• www.colonialwilliamsburg.org
• www.colonialwilliamsburg.com
• www.history.org

BY ACCESSING THE SITES, Users accept and agree to be bound and abide by THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS SITE. Users must comply with all applicable laws, rules, and regulations while using the Sites.

Intellectual Property
All Content is owned by CWF or its licensors, or other providers of such material and are protected by United States copyright, trademark, and other intellectual property or proprietary rights laws. CWF retains all rights, including copyrights, and the rights comprised in copyrights, in and to the Content. Copyright and other proprietary rights may be held by individuals or entities other than, or in addition to CWF, and when this is the case, ownership will be identified. Many of the trademarks, service marks, and logos (collectively, "Trademarks") displayed on the Sites, including WILLIAMSBURG and COLONIAL WILLIAMSBURG, are registered and/or unregistered marks owned by CWF. The Trademarks of third- parties may also be displayed on the Sites, and when this is the case, ownership will be identified. By displaying Trademarks on the Sites, CWF does not grant any implied license or right to use such Trademarks. The prior written permission of CWF or the third-party owner is required to use any Trademark displayed on the Sites. Any unauthorized use of the Trademarks or any other Content, except as authorized in these Terms and Conditions of Use, is strictly prohibited. If you breach any of the Terms and Conditions of Use, your right to use the Sites will immediately stop.

Authorized Use
By downloading, printing, or otherwise using Content, users agree to limit their use of such files to non-commercial personal, educational use or “fair use” under the law and to abide by any additional terms or restrictions applicable to the specific Content. Users agree further that they will not violate CWF's or any other party's proprietary rights in and to the Content and will cite the author and source of the Content as they would material from any printed work. Such citations must include “The Colonial Williamsburg Foundation.” Users may not remove any credits or other attribution information, copyright or trademark notices, or other proprietary notices that have been placed on or near the Content. Downloading, printing, copying, distributing or otherwise using Content for commercial purposes, including commercial publication or personal financial gain, is expressly prohibited. Users may not modify Content on the Site. All rights not expressly granted herein by CWF are specifically and completely reserved. Users acknowledge that CWF makes no warranty regarding ownership or contact information of any third-party Content and that they must seek permission to use such Content from its owner(s).

User Responsibility and Materials
From time to time, one or more of the Sites may provide an opportunity for users to post content, including but not limited to, user comments and videos, images, photographs, links, and other materials (together “User Materials”), and to exchange ideas. Please know that shared content may be reviewed by CWF staff and may be reproduced by CWF in all media or format now known or hereinafter devised, without requiring your permission, without any compensation to you, and without attribution to you. Users acknowledge that User Materials will be posted on the World Wide Web and, consequently, may be freely copied and distributed by others without their permission. Users further acknowledge that they abandon any proprietary rights in all User Materials they post to the Sites and that CWF has the right in perpetuity to quote from or otherwise use, without compensation or attribution, User Materials in all media now known, and here-in-after created or discovered. By posting User Materials on the Sites, users agree they:

• will comply with all CWF requirements and procedures for its Sites and all applicable laws and regulations; and
• will NOT post abusive or offensive language or User Materials that in whole or in part give rise to civil or criminal liability; and
• will NOT post any User Material that is commercial in nature or infringes upon any third-party rights, including privacy, publicity, trade secret, copyright, trademark, or patent; and
• will obtain all necessary permissions from third-party owners of any User Material before posting or distributing it on any of the Sites.

Users acknowledge that CWF does not endorse any User Materials, including without limitation, opinions or recommendations posted by users and that it makes no representation or warranty that the User Materials will be accurate, or truthful, or that the User Materials will not infringe the rights of any third party. CWF assumes no responsibility or liability arising from any use of the User Materials or for any error, omission, defamation, obscenity, pornography or other illegal material contained in User Materials.

CWF shall have the right, but not the obligation, to inspect, monitor, review, remove or refuse any User Materials for any reason whatsoever, but will not remove User Materials solely based upon a user's request. Teachers who sponsor a user posting to CWF’s sites shall assure that their students comply with these Terms and Conditions of Use.

CWF will terminate access and accounts of those who do not comply with these Terms and Conditions of Use as determined in CWF’s sole discretion. CWF may discontinue all or any portion of the Sites at any time in its sole discretion.

By posting User Materials, including but not limited to, comments, photographs, product reviews, and links to external sites, on the Sites, and by using our messaging services users agree to comply with all requirements and procedures for posting and messaging, and to avoid abusive and offensive language and to refrain from posting any content that is commercial in nature, advocates for a political cause or legislation, or infringes upon any third party's rights, including privacy, copyright, trademark, or patent. CWF requires users to obtain all necessary permissions, such as a copyrighted work by an artist or a copyrighted story or a news article written by another person, before posting or distributing any content on the Sites.

You are strictly prohibited from posting, or permitting any third-party to access or use your account to post or transmit any unlawful, threatening, or infringing material that could constitute conduct that would be considered a criminal offense, give rise to civil liability, a violation of privacy or publicity, or otherwise violate law. CWF does not warrant that the use of the materials on the Sites will not infringe the rights of any third-party, and assumes no responsibility or liability arising from such content or materials or for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, danger, or inaccuracy contained in information within such locations of the Sites.

Please note that CWF may discontinue any portion of the Sites at any time. By submitting Use Materials, users acknowledge that they will be posted on the Internet. Users grant CWF the right to quote from comments in all media and format now known and hereinafter devised. By posting or distributing information or material on the Sites, users expressly abandon any proprietary rights in their comments, and such information or material may be freely copied and distributed by others without your permission.

Reservation of Rights
All rights not expressly granted herein by CWF are specifically and completely reserved.

Privacy
CWF is committed to protecting the privacy of all visitors to its Sites in accordance with applicable laws and regulations, including the Children’s Online Privacy Protection Act (“COPPA”). All information gathered from users of the Sites is governed by CWF’s Privacy Policy. By using the Sites, you consent to all actions taken by CWF with respect to your information in compliance with the Privacy Policy. While the CWF Sites are not specifically dedicated to children and CWF does not actively solicit information from children, all children under the age of thirteen (13) are required to obtain permission from a parent, legal guardian or teacher before submitting personally identifiable information or other User Materials to the Sites.

Links to Third-Party Sites
CWF is not responsible for the content or privacy policies of off-site pages or other websites linked to or from the Sites (“Links”). CWF provides Links as a convenience for its users who acknowledge that they personally assume the risk of accessing such Links. CWF does not endorse or recognize any affiliation to third-parties by inclusion of Links on the Sites.

Prohibited Uses
You may use the Sites only for lawful purposes and in accordance with these Terms and Conditions of Use. You agree not to use the Sites: in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries); to send, knowingly receive, upload, download, use, or re-use any material that does not comply with the content standards set out in these Terms and Conditions of Use; and to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Sites, or which, as determined by us, may harm CWF or users of the Sites, or expose them to liability.

Additionally, you agree not to: use the Sites in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Sites, including their ability to engage in real time activities through the Sites; use any robot, spider, or other automatic device, process, or means to access the Sites for any purpose, including monitoring or copying any of the material on the Sites; use any manual process to monitor or copy any of the material on the Sites, or for any other purpose not expressly authorized in these Terms and Conditions of Use, without our prior written consent; use any device, software, or routine that interferes with the proper working of the Sites; introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Sites, the server on which the Sites is stored, or any server, computer, or database connected to the Sites; attack the Sites via a denial-of-service attack or a distributed denial-of-service attack; otherwise attempt to interfere with the proper working of the Sites.

Disclaimer of Warranties
Without limiting the foregoing, TO THE FULLEST EXTENT PROVIDED BY LAW, all Content and User Materials on the Sites are provided "AS IS" WITHOUT A WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COPYRIGHT OWNERSHIP AND/OR NON-INFRINGEMENT OR OTHER THIRD-PARTY PROPRIETARY RIGHTS. YOUR USE OF THE SITES, ITS CONTENT, ANY USER MATERIALS, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES ARE AT YOUR OWN RISK. CWF makes reasonable, ongoing efforts to revise and update the Sites, but does not warrant that the Sites will provide continuous, prompt, secure, or error-free service, and assumes no responsibility for any errors or omissions, including the inaccuracy of Content or User Materials, or for any damages or losses of users or third parties directly or indirectly caused by any Content or User Materials, viruses that may infect a user's computer equipment or other property resulting from use of the Sites or downloading of any Content or User Materials from the Sites. At its discretion, CWF may discontinue or take down the Sites or any Content or User Materials on the Sites at any time.

Limitation of Liability
BY USING THE SITE, USERS AGREE THAT TO THE FULLEST EXTENT PROVIDED BY LAW, CWF, ITS SUBSIDIARIES, AFFILIATES, TRUSTEES, DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS (COLLECTIVELY THE “CWF PARTIES”) SHALL HAVE NO LIABILITY FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, COMPENSATORY, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES (EVEN IF ANY OF THE CWF PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM OR RELATED TO THEIR USE OF THE SITE, THE CONTENT OR USER MATERIALS.

Indemnification
Users agree to defend, indemnify, and hold harmless CWF and its trustees, directors, officers, employees or agents from and against any claims, damages, expenses, and liability arising from or related to any injuries, damages, or losses to any person from the user’s use of the site, including without limitation, any breach of these Terms and Conditions.

Entire Agreement; Severance; Waiver
These Terms and Conditions of Use, any notices on the Sites, the Privacy Policy and any end-user license agreements, each of which is incorporated by reference, constitute the entire agreement regarding access to and use of the Site. If any provision of the Terms and Conditions of Use or the Privacy Policy is deemed unlawful, void, or unenforceable, that provision will be severable from the remaining provisions and will not affect their validity and enforceability. CWF's failure to enforce a provision on any occasion shall not be construed as a waiver of such provision.

Applicable Law and Jurisdiction
These Terms and Conditions of Use and any amendments thereto shall be governed and construed in accordance with the laws of the Commonwealth of Virginia, without giving effect to Virginia’s conflicts of laws provisions. Any dispute arising out of, in connection with, or related to use of the Sites shall be brought in any federal or state court whose jurisdiction includes the City of Williamsburg, Virginia and users hereby waive any objection that they may have to personal jurisdiction in these courts.

Contact Us
If you have questions, about the Terms and Conditions of Use or you need to notify us about an issue with our Sites, please contact us at Office of the General Counsel, The Colonial Williamsburg Foundation, 301 First Street, Williamsburg, Virginia 12387.

May I put content from the sites on a file server at my school?
Yes, except for works identified as being under copyright to a third-party. You may not charge your users to access/use downloaded Content and any electronic distribution must be limited to your school only. You may not alter downloaded images, which must include the following credit as applicable: Image/s Courtesy of The Colonial Williamsburg Foundation www.colonialwilliamsburg.com or www.history.org All rights reserved.

May I put content from the sites on my personal website?
Yes, except for works identified as being under copyright to a third party, but only if your website contains no advertisements, takes no sponsors, charges no fee for accessing downloaded Content, and offers no product or service for sale. You may not alter downloaded images, which must include the following credit as applicable: Image/s Courtesy of The Colonial Williamsburg Foundation www.colonialwilliamsburg.com or www.history.org. All rights reserved.

May I print content from the sites for a school report?
Yes, but only for a personal or academic work. Your citation should include the URL www.history.org All other forms of publication are expressly prohibited. You may not alter downloaded images, which must include the following credit: Image/s Courtesy of The Colonial Williamsburg Foundation www.history.org All rights reserved.

How do I obtain permission for other forms of publication of the content?
Permission to use Content for purposes other than as authorized in these Terms and Conditions of Use must obtain prior written approval from CWF. A usage fee may be charged depending on the nature of the proposed use. For works of art from CWF's collection reproduced on the Sites, contact mmartin@cwf.org. For all other Content on the Site, contact CWF's webmaster.

CWF is committed to complying with United States copyright laws and requires all users of the Sites to comply with these laws. Owners of copyrighted works who believe that their rights under have been infringed by Content or User Materials on the Sites may report alleged infringements under the Digital Millennium Copyright Act (“DMCA”) by providing notice to CWF's Designated Agent as required by the DMCA, Title 17 U.S.C. § 512. If such notice is provided by email please address it to: mhileman@cwf.org ; if such notice is by mail, please address it to: Designated Copyright Agent, Office of the General Counsel, The Colonial Williamsburg Foundation, 301 First Street, Williamsburg, Virginia, 12385.