Website Terms of Use
This website is a service offered by the Poway Historical and Memorial Society. This Terms of Use Agreement (the “Terms of Use” or “Agreement” describes the terms and conditions applicable to your access and use of this Website and the Poway Historical and Memorial Society’s services. The PHMS may revise this Agreement at any time by posting the amended Terms of Use on this Website, and you agree that you will be bound by any changes to the Terms of Use. For your convenience, the date of last revision is included at the top of this page. The PHMS may make changes in the services described on this Website at any time. You understand that the PHMS may discontinue or restrict your use of this Website for any reason.
For information on the data collected by Poway Historical and Memorial Society through this site or other means, please refer to our
Privacy Policy.
Eligibility
By using this Website, you represent and warrant that (a) all registration and other information you submit, if any, is truthful and accurate; (b) you will maintain the accuracy of any information you provide; (c) you will not submit any personal information if you are under 13 years of age; and (d) your use of this Website does not violate any applicable law or regulation.
About the Information On This Site
The Content (as defined below) available on this Website is intended to be a general information resource and is provided solely on an “AS IS“ and “AS AVAILABLE“ basis. You are encouraged to confirm the information contained herein. You should not construe the Poway Historical and Memorial Society’s publication of the Content on this Website as a warranty or guarantee of the quality or availability of any goods
or services.
Use of Materials On This Site
The content on this Website includes, but is not limited to, text, graphics, images, photographs, illustrations, trademarks, trade names, service marks, logos, information obtained from the Poway Historical and Memorial Society’s licensors, and other materials (“Content“). Title to the Content on this Website remains with the Poway Historical and Memorial Society. The PHMS invites you to view and use a single copy of the materials obtained from this Website for your personal, non-commercial use. Except as expressly permitted on this Website, you agree not to license, distribute, create derivative works from, transfer, sell or re-sell any information, Content, or services obtained from this Website. No graphics, photographs, or other visual elements obtained through this Website may be used, copied, or distributed separate from the accompanying text without the prior express written consent of the original owner or the Poway Historical and Memorial Society. You are not permitted to use the materials on this Website except as expressly set forth herein. You may not under any circumstances attempt to deface, shut down or otherwise damage this Website. You may not, without the Poway Historical and Memorial Society’s written permission, “mirror” any Content contained in this Website or any other server.
Links to the Poway Historical and Memorial Society Website
Unless otherwise set forth in a written agreement between you and the Poway Historical and Memorial Society, you must adhere to the PHMS's linking policy as follows: (i) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with the Poway Historical and Memorial Society’s names and trademarks, (ii) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, endorsed by, or otherwise associated with the Poway Historical and Memorial Society, (iii) when selected by a user, the link must display this Website on full-screen and not within a “frame“ on the linking Website, and (iv) the Poway Historical and Memorial Society reserves the right to revoke its consent to the link at any time and in its sole discretion. Use or misrepresentation of any of the Poway Historical and Memorial Society’s logos, designs, images, photographs, slogans, trademarks, or service marks in conjunction with the external links is not permitted.
Links to Third Party Sites
The Poway Historical and Memorial Society, in its sole discretion, may provide links to other sites on the World Wide Web for your convenience in locating related information, products, and services. These sites have not necessarily been reviewed by the Poway Historical and Memorial Society and are maintained by third parties over which the Poway Historical and Memorial Society exercises no control. Use of these sites is at your own risk.
Accordingly, the Poway Historical and Memorial Society expressly disclaims any responsibility for the content, the materials, the accuracy of the information, and/or quality of the products or services provided by, available through, or advertised on these third-party websites and the Poway Historical and Memorial Society disclaims all liability with regard to your access to and use of such linked websites. Moreover, these links do not imply an endorsement by the Poway Historical and Memorial Society with respect to any third party, any information or material on any other site, any candidate for political office identified in a third party site or any website or the products or services provided by any third party.
Trademarks
The Poway Historical and Memorial Society and all other names of PHMS programs referenced herein are registered or common law trademarks of the Poway Historical and Memorial Society in the United States. Unauthorized use of any Poway Historical and Memorial Society trademark, service mark or logo may be a violation of federal and state law. For more information, please contact the Poway Historical and Memorial Society at:
Poway Historical and Memorial Society
P.O. Box 19
Poway, CA 92074
(858) 679-8587
Info@powayhms.org
Copyright
The Website, including all text, graphics, user interfaces, visual interfaces, photographs, sounds, audio, video, artwork, computer code (including HTML, CSS, XML, and JavaScript), interactive features, programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, “look and feel,“ and arrangement of any content contained on or available through the Website, unless otherwise indicated is protected by U.S. and international copyright laws. The Poway Historical and Memorial Society also owns a copyright in the Content of this Website, and in the selection, coordination, arrangement, and enhancement of the Content or Postings on this Website. Any downloadable or printable programs, information, or materials available through this Website and all copyrights, trade secrets, and know-how related thereto, unless otherwise indicated, are owned by the Poway Historical and Memorial Society. Except for your use as authorized above, you may not modify, reproduce or distribute the Content, design or layout of this Website, or individual sections of the Content, design or layout of this Website, without the Poway Historical and Memorial Society's express prior written permission.
Notice for Claims of Copyright Infringement
If you are a copyright owner or agent thereof and believe that Content posted on this Website infringes upon your copyright, please submit notice, pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512(c)) to our organization with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright; (b) a description of the copyrighted work that you claim has been infringed; (c) the URL of the location on this Website containing the material that you claim is infringing; (d) your address, telephone number, and email address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) 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 authorized to act on the copyright owner's behalf. We can be reached at:
Poway Historical and Memorial Society
ATTN: COPYRIGHT
P.O. Box 19
Poway, CA 92074
(858) 679-8587
Info@powayhms.org
Please note that attachments cannot be accepted at the email address for security reasons. Accordingly, any notification of infringement submitted electronically with an attachment will not be received or processed.
User Content
By submitting or providing any content on or through this Website, you hereby grant to the Poway Historical and Memorial Society a worldwide, irrevocable, royalty-free, nonexclusive, limited license to reproduce, use, adapt, modify, publish, translate, publicly perform, publicly display, distribute and create derivative works from such content in any form, and the Poway Historical and Memorial Society may sublicense all or part of its rights under this license or assign them to third parties. You represent and warrant that: (i) you own the content posted by you on or through this Website or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your content on or through this Website does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
The Poway Historical and Memorial Society may delete any content for any reason, including content that, in the Poway Historical and Memorial Society's sole judgment, is offensive, illegal or violates the rights, harm, or threatens the safety of any person. The Poway Historical and Memorial Society has the right to, but does not assume the responsibility for, monitoring this Website for inappropriate content. You are solely responsible for the content of any Postings that you post on or through this Website.
Submissions
It has been the long-standing policy of the Poway Historical and Memorial Society not to accept or consider creative ideas, suggestions, or materials, including, but not limited to, notes, drawings, concepts, comments, questions or answers, techniques, know-how, or other information (hereinafter “Submissions”) other than those specifically requested. The intent of this policy is to avoid the possibility of future misunderstandings when projects developed by the Poway Historical and Memorial Society's professional staff might seem to others to be similar to their own creative work. All Submissions, including unsolicited submissions and those made at the request of the Poway Historical and Memorial Society, will be treated as non-confidential and non-proprietary, and will be subject to the license granted in the preceding paragraph. The Poway Historical and Memorial Society will not be liable for any use or disclosure of any Submissions.
Email submissions over the internet may not be secure. Please do not email the Poway Historical and Memorial Society any personal or confidential information. Please refer to our Privacy Policy for information on how the Poway Historical and Memorial Society uses your information.
Indemnity
You agree to indemnify, defend, and hold the Poway Historical and Memorial Society, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, due to or arising out of your use of this Website and/or breach of this Agreement. Our statement is as follows:
DISCLAIMERS AND LIMITATION OF LIABILITY. ALL CONTENT ON THE WEBSITE IS PROVIDED TO YOU ON AN “AS IS“ “AS AVAILABLE“ BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE POWAY HISTORICAL AND MEMORIAL SOCIETY MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THE WEBSITE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE WEBSITE AND THE CONTENT AVAILABLE ON THE WEBSITE IS AT YOUR SOLE RISK.
THE POWAY HISTORICAL AND MEMORIAL SOCIETY MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL CODE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE POWAY HISTORICAL AND MEMORIAL SOCIETY DISCLAIMS ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND FURTHER DISCLAIMS ALL LOSSES, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE WEBSITE, EVEN IF THE POWAY HISTORICAL AND MEMORIAL SOCIETY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Choice of Law/Forum
All claims arising out of this Agreement or relating to this Website will be governed by the laws of the state of California, USA, excluding the application of its conflicts of law rules. Any legal action or proceeding arising out of this Agreement or relating to this Website shall be brought exclusively in a state or federal court in or for San Diego County, California, USA..
Violations and Additional Policies
The Poway Historical and Memorial Society reserves the right to seek all remedies available at law and in equity for violations of this Agreement, including without limitation the right to block access from a particular Internet address.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. The Poway Historical and Memorial Society's failure to act with respect to any failure by you or others to comply with these Terms of Use does not waive the Poway Historical and Memorial Society's right to act with respect to subsequent or similar failures. These Terms of Use set forth the entire understanding and agreement between you and the Poway Historical and Memorial Society with respect to the subject matter hereof. Any cause of action or claim you may have with respect to this Agreement or this Website must be commenced within six (6) months after the claim or cause of action arises or such claim or cause of action shall be barred.
If you have questions regarding our Terms of Use please contact us at:
Poway Historical and Memorial Society
P.O. Box 19
Poway, CA 92074
(858) 679-8587
Info@powayhms.org
Location
The Website is operated by the Poway Historical and Memorial Society from its offices in the United States. The Poway Historical and Memorial Society makes no representation that the Content of this Website is available or appropriate for use in other locations. Those who choose to access this Website from locations outside the United States do so on their own initiative and are responsible for compliance with applicable local laws.
Children
The Website is not directed toward children under 13 years of age nor does the Poway Historical and Memorial Society knowingly collect information from children under 13. If you are under 13, please do not submit any personally identifiable information to the Poway Historical and Memorial Society.
Privacy Policy
By agreeing to these terms, you acknowledge that the Poway Historical and Memorial Society may collect, use and disclose your information as described in our Privacy Policy.