Use of Text and Images
The materials used and displayed on the Service and the Sites, including but not limited to text, software, photographs, graphics, illustrations and artwork, video, music and sound, and names, logos, trademarks and service marks, are the property of TSHA or its affiliates or licensors and the original author, and are protected by copyright, trademark and other laws. Any such content may be displayed solely for your personal, non-commercial use. You agree not to modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any such material without the written permission of TSHA, the original author or the appropriate affiliate.
Use of Information
The Service and the Sites contain information, facts and opinions from various individuals and organizations. THE SERVICE AND THE SITES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPOSED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. NEITHER TSHA NOR ITS AFFILIATES ENDORSE OR ARE RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT ON THE SERVICE OR THE SITES.
The Service and the Sites include areas where you are encouraged to post historical and other information. You agree not to post or transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, violate the rights of others, or otherwise violate any applicable local, state, national or international law. You will be responsible for, and indemnify and hold harmless TSHA, its subsidiaries, divisions, affiliates, agents and representatives against, any claim arising from any material that you post or transmit. TSHA and its affiliates reserve the right, in their sole discretion, to edit, refuse to post or remove any material submitted to or posted by you.
Your use of the Service and the Sites is at your own risk. NEITHER TSHA, NOR ANY OF ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES OR LICENSORS SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR SIMILAR DAMAGES ARISING OUT OF YOUR ACCESS OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE AND THE SITES AND THE INFORMATION AVAILABLE ON THE SERVICE AND THE SITES OR ARISING OUT OF ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SERVICE AND THE SITES. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST TSHA AND ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES AND LICENSORS ARISING OUT OF YOUR USE OF THE SERVICE AND THE SITES AND THE INFORMATION AVAILABLE THEREON.
Any communication or material you post or transmit to the Service and/or the Sites, unless otherwise specified in this user agreement, is, and will be treated as, non-confidential and non-proprietary. You assume full responsibility for anything you post or transmit, and you grant TSHA and its affiliates the right to edit, copy, publish and distribute any information or content you post or transmit for any purpose.
The Texas State Historical Association reserves the right to receive and store any information you enter on our Web site or give us in any other way. You can choose not to provide certain information if you wish, but then you might not be able to receive free TSHA offers or other features. We use the information that you provide for such purposes as responding to your requests, customizing offers to you, improving our services, and communicating with you. By entering your email address, you explicitly agree that TSHA can contact you until you opt out.
Donor User and Privacy
Though we make every effort to preserve donor and user privacy, we may need to disclose personal information when required by law wherein we have a good-faith belief that such action is necessary to comply with a current judicial proceeding, a court order or legal process served on our Web site. TSHA uses an outside shipping company to ship orders, and a credit card processing company to bill users for goods and services. Neither TSHA nor these companies retain, share, store or use personally identifiable information for any secondary purposes. Any data collected during these transactions are processed through our secure server, and are treated as confidential information. TSHA will not trade, share, or sell a donor's personal information with anyone else, nor send donor mailings on behalf of other organizations.
This includes, but is not limited to, name, address, telephone number, credit card information for billing and membership status. We retain this information offline in the TSHA business office for seven years, after which the records are destroyed. For registration and participation in activities like the Texas History Quiz or My Texas, user information will only be tracked for notification and award purposes.
Links to Other Sites
TSHA and its affiliates do not review or monitor any web sites linked to the Service and the Sites and are not responsible for the content of any such linked web sites. Your linking to such web sites is at your own risk.
TSHA does not currently allow third party advertisers to post content on our site.
A cookie is a piece of data stored on the user's computer tied to information about the user. The TSHA currently utilizes cookie technology in the form of session cookies, which allow users to navigate through our site more easily, returning to previous pages where they have entered data without using their browser 'back' button, and without losing the data entered.
This Policy Agreement and any disputes arising out of or related to the Service and the Sites shall be governed by, and construed and enforced in accordance with, the laws of the State of Texas.