Terms of Service
These Terms of Service constitute an agreement between you and Urban Archive. By using or accessing any portion of the Services you agree to be bound by these Terms of Service, so please read these terms carefully before using or accessing Services. If you do not agree to and accept these Terms of Service, please do not register for an account or use the Services in any manner. All individuals who access or otherwise use the Services, including casual visitors to the Website, are referred to in these Terms of Service as “Users.”
1. Privacy Policy
Urban Archive respects your privacy. How Urban Archive uses, collects, and stores data is governed by the Urban Archive Privacy Policy. Please read the Privacy Policy carefully before using any of the Services. By using the Services, you indicate that you understand and consent to the collection, use, and disclosure of your information as described in Urban Archive’s Privacy Policy.
2. Account Creation
In order to use some features of the Services, such as saving searches, and saving and sharing lists of items found through the Services, you will need to register with Urban Archive and create an account. When registering, you will be asked to provide certain personal information, such as your email address. Please see Urban Archive’s Privacy Policy for Urban Archive’s data-retention and usage policies. You agree not to create an account using false or misleading information or on behalf of someone other than yourself. Any accounts created using intentionally misleading information are subject to termination at Urban Archive’s sole discretion. Please note that using a pseudonym on the Services would not violate this provision. If you have been banned or had your account revoked at any time, you may not register for another account.
3. Obligations and Restrictions on Use
Your use of the Services is subject to the following restrictions and obligations:
You may not sell, rent, or otherwise offer the Services to others, without Urban Archive’s prior written consent.
You may not use the Services in any way that is unlawful, fraudulent, defamatory, obscene, or otherwise harmful, including, but not limited to, displaying content in a manner that violates any applicable laws, statutes, or regulations, infringes or violates any other person or entity’s rights, or that Urban Archive, in its sole discretion, finds to be obscene or defamatory.
You agree to comply with all applicable laws, including, but not limited to, any privacy laws, as well as Urban Archive’s policies when you use the Services.
You may not use the Services in any way that interferes with the operation of the Services or impacts or harasses any other User, host, or network, or circumvents any of the Services’ security protections.
4. User Content
4.1. Contributing Content
Some portions of the Services allow you to upload and post content (such as text, audio, video, tags,, and commentary) to the Services (collectively, “User Content”). You represent and warrant that you have all rights necessary to upload the User Content, to the Website and to grant the rights granted by you to Urban Archive and other Users pursuant to these Terms of Service.
4.2. License to User Content
By uploading or posting your User Content to the Services, you grant Urban Archive a perpetual, irrevocable, world-wide, non-exclusive, fully paid-up, royalty-free, sublicensable, and transferable license to use, reproduce, reformat, distribute, prepare derivative works of, display, and perform your User Content in connection with, and for the promotion of, the Services.
5. License to Content Delivered through the Services
5.1. Content Generally
Images, video, audio (as well as associated metadata), and text delivered through the Service (“Asset(s)”) are subject to the rights granted within the metadata associated with each Asset, if any. If you would like more information on how to license these Assets, please contact the relevant rights-holder. Please refrain from scraping or copying any of the Assets from the Services. If you do, you do so at your own risk, and are fully liable for any damages that may arise out of this behavior.
6. Third-Party Services and Content
Certain functions of the Services may link you to or provide you access to functions, content, sites, or services operated by third parties, such as libraries, museums, archives, Facebook, Twitter, and Google (collectively, “Third-Party Services”). Those Third-Party Services are subject to the terms and conditions and privacy policies of the third parties that provide them, and Urban Archive is not responsible for the privacy practices, content, or functionality of the Third-Party Services. You are solely responsible for reading and complying with any licenses, restrictions, privacy policies, or other terms and conditions that govern the use of any Third-Party Services you choose to access, visit, or link to through your use of the Services, and are solely liable for any violations of those terms and conditions that arise out of or relate to your use of the Third-Party Services.
7. Intellectual Property
7.1. Intellectual Property Rights
Except for any User Content and works that are in the public domain, Urban Archive and its licensors own and retains all right, title, and interest in and to the Services, including, but not limited to, the design and architecture of the Services, the Urban Archive Marks, as well as any software, or content provided through Urban Archive, including any intellectual property or other proprietary rights contained therein (collectively, “Urban Archive IP”). You must seek permission from Urban Archive if you desire to use the Services in a way that is not outlined in these Terms of Service. Except for any rights explicitly granted in writing by Urban Archive under these Terms of Service or otherwise, you are not granted any rights in and to any Urban Archive IP.
7.2. Digital Millennium Copyright Act Policy
Urban Archive respects the intellectual property rights of others and asks that Users do the same. If you are a rights-holder and believe that your rights have been violated in connection with User Content that is made available through the Services, in accordance with the Digital Millennium Copyright Act (“DMCA”, see 17 U.S.C. § 512(c)(3) for more information) please send an email or written notice to Urban Archive’s designated agent for infringement claims with the following information:
An electronic or physical signature of a person authorized to act on behalf of the rights-holder.
A description of the work that you claim has been infringed.
A URL indicating where the claimed infringing material is located on the Services.
Your address, telephone number, and email address.
A statement by you declaring a good-faith belief that the content use is not authorized by the rights-holder or its agent and is prohibited by law.
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or an agent authorized to act on the copyright owner’s behalf.
Urban Archive’s designated agent for notice for claims of infringement can be reached via email at copyright@urbanarchive.nyc.
7.3. Counter-Notice
If you receive notification that your User Content has been removed from the Services, you have an opportunity to appeal this removal if you believe that your User Content was removed in error. If you believe that the removed User Content does not violate any third-party rights, or you have authorization from the rights-holder or the rights-holder’s authorized agent to use the material in question, you may appeal the removal by sending an email or written notice to Urban Archive’s designated agent with the following information:
Your physical or electronic signature.
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.
A statement under penalty of perjury that you have 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.
Your name, address, and telephone number, and a signed statement that you consent to the jurisdiction of state and federal courts in Suffolk County, Massachusetts, and that you will accept service of process from the party who made the initial infringement claim (or their authorized agent) if they choose to pursue legal action.
8. Content Removal and Account Termination
You are entirely responsible for all activities that occur on or through your account. Urban Archive retains the right (but not the obligation) to limit, suspend, terminate, modify, or delete your account; to limit your access to the Services or portions thereof; to remove links in your User Content to other content on the Services; and to delete your User Content at Urban Archive’s discretion, with or without notice to you. Urban Archive is under no obligation to provide compensation for any losses or results, which may occur due to your failure to comply with the these Terms of Service or those of a third party, for repeated violations of third-party rights, for actual or suspected illegal or improper use of the Services, for offensive User Content or conduct, or for technical reasons.
9. Warranty Disclaimer
URBAN ARCHIVE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND NON-INFRINGEMENT. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE BASIS,” AND YOU USE THEM AT YOUR SOLE RISK. YOU ASSUME ALL RESPONSIBILITY TO PROTECT YOUR COMPUTER SYSTEMS OR ANY OTHER DEVICES YOU USE TO ACCESS THE SERVICES FROM DAMAGE CAUSED BY BUGS, VIRUSES, TROJANS, OR THE LIKE WHICH MAY BE TRANSMITTED FROM URBAN ARCHIVE’S SERVERS. URBAN ARCHIVE ASSUMES NO LIABILITY FOR THE ACCURACY, SUITABILITY, OR COMPLETENESS OF ANY CONTENT OR INFORMATION THAT MAY BE ACCESSED THROUGH THE SERVICES, WHETHER OR NOT PROVIDED BY URBAN ARCHIVE OR ITS PARTNERS. URBAN ARCHIVE DOES NOT GUARANTEE THAT THE SERVICES WILL BE AVAILABLE AT A GIVEN TIME. URBAN ARCHIVE IS NOT RESPONSIBLE FOR ANY OFFENSIVE OR ILLEGAL CONTENT INCLUDED IN PICTURES, PHOTOGRAPHS, OR OTHER KINDS OF MEDIA INCORPORATED INTO USER CONTENT BY THIRD PARTIES. YOU ACKNOWLEDGE THAT THE VIEWPOINTS EXPRESSED IN USER CONTENT OR ON THIRD-PARTY SERVICES REPRESENT THE OPINIONS OF THOSE USERS AND THIRD-PARTY SERVICE PROVIDERS, AND ARE NOT ENDORSED BY URBAN ARCHIVE IN ANY WAY.
10. Limitations of Liability
IN NO EVENT IS URBAN ARCHIVE, OR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, WHETHER DIRECT OR INDIRECT, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES OF ANY KIND ARISING FROM OR RELATED TO THE SERVICES, INCLUDING, BUT NOT LIMITED TO, LOSSES RESULTING FROM LOSS OF DATA, PROPERTY DAMAGE, PERSONAL INJURY, LOSS OF GOODWILL, INABILITY TO USE OR ACCESS THE SERVICES, THIRD-PARTY CONDUCT ON THE SERVICES, OR ANY OTHER ACTIONS ASSOCIATED WITH THE USE OF THE SERVICES.
11. Indemnification
You agree at your own expense to indemnify, defend, save, and hold harmless Urban Archive, and its employees, affiliates, officers, directors, contributors, and other representatives from and against any and all judgments, losses, damages, liabilities, costs, or expenses (including, but not limited to, reasonable attorneys’ fees and legal expenses) arising from or related to your use of the Services, or your violation of these Terms of Service.
12. General Terms
12.1. Updates and Changes to These Terms of Service
Urban Archive reserves the right to modify these Terms of Service at any time at its discretion. If Urban Archive does make changes to this privacy policy, Urban Archive will update this page accordingly. Please check this page periodically for any changes. Your continued use of the Services after this page is updated with the new terms signifies your acceptance of the amended Terms of Service. No amendment to these Terms of Service or Privacy Policy shall apply to any dispute of which Urban Archive had actual notice before the date of the amendment. Other additional terms may apply to other functions or components of the Services. If there is a conflict between these Terms of Service and the other additional terms, the other additional terms will govern.
12.2. Entire Agreement
These Terms of Service constitute the entire agreement between the parties, and supersede all previous agreements relating to the use of the Services.
12.3. Applicable Law and Forum
These Terms of Service and any referenced policies or guidelines are governed by and construed in accordance with the laws of the State of New York, without regard to principles of conflict of law. If you bring a suit against Urban Archive, you hereby consent to the exclusive jurisdiction of state and federal courts in New York, New York, USA, and hereby consent to the personal jurisdiction of said courts.
12.4. Location of Services
The Services are controlled and offered by Urban Archive from its facilities in the United States. Urban Archive makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are responsible for complying with local law.
12.5. Severability
If any provision of these Terms of Service is deemed to be unenforceable for any reason by any court, the invalidity of this provision does not affect the validity of any other provisions in these Terms of Service, which remain in full effect.
12.6. Language of the Terms of Service
If Urban Archive provides you with a translation of the English version of these Terms of Service, the Privacy Policy, or any other policy, then you agree that the translation is provided for informational purposes only and does not modify the English-language version. In the event of a conflict between a translation and the English version, the English version will govern.
12.7. No Waiver
No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Urban Archive’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
Questions?
If you have questions about these Terms of Service, please contact Urban Archive.
Last modified on April 16, 2020.
This platform is created by the technology nonprofit Urban Archive (“Urban Archive”). Urban Archive’s mission is to create new connections between people, places, and historical institutions by inspiring learning that is rooted in what is local. Through the Urban Archive website and app, as well as any other functionality or services delivered to you by Urban Archive (collectively the “Services”), users can experience works provided by other Urban Archive users, as well as libraries, museums, and archives, and other institutions.
We hope you enjoy using Urban Archive. Before getting started, please read the following terms and conditions (our “Terms of Service”), which govern your use of the Services.
Last modified on April 16, 2020.