[Last Updated June 18, 2019]

I. GENERAL

The Site is provided by the Jewish Women’s Archive, Inc. [and our affiliates, representatives, and licensors] (“JWA,” “We,” or “Us”). The “Site” includes, without limitation: (a) all websites and applications owned or provided by JWA, and all services provided via those websites and applications (“Services”); and (b) newsletters, news updates, podcasts, blogs, collections, stories, web pages, data, text, images, photographs, graphics, audio, video, documents, and other features, content, and functionality available on or through or submitted on or through the Site (“Site Content”).

The Site is owned and operated by JWA and is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). The legally binding Terms set out your rights, obligations and restrictions regarding your use of our Site. Prior to using our Site, we require that you read these Terms carefully.

By using our Site, you agree to:

1. be bound by these Terms;
2. review and agree to our Privacy Policy, and
3. be bound by other policy and legal notices that may be posted on our Site from time to time.

If you do not agree to these Terms, you may not use our Site. We reserve the right to change, modify, add, or delete portions of these Terms at any time. We will provide notice of such changes by posting the updated Terms on our Site and changing the “last updated” date listed above. Your use of our Site after such changes are implemented constitutes your acknowledgement and acceptance of the changes. We encourage you to review these Terms regularly.

II. USE OF THE SITE

1. Limited License. Subject to your agreement and continuing compliance with these Terms and any other relevant JWA policies, we grant you a non-exclusive, non-transferable, non-sublicensable, non-assignable, and revocable license, subject to the limitations set forth in these Terms, to access and use the Site for your own non-commercial purposes. These rights are user rights only, and no right or license is granted to distribute, publicly perform, or prepare derivative works of any content accessed through the Site, except as otherwise expressly permitted by these Terms.
2. Restrictions on Use. The Site and Site Content are intended for general information, general discussion, education, and entertainment purposes only. You may download, copy, reproduce or redistribute Site Content for your own personal use or for non-commercial, educational purposes, subject to the further limitations and restrictions set forth in these Terms. Except as expressly permitted otherwise by these Terms, you are specifically prohibited from:
   1. modifying Site Content;
   2. downloading, copying, reproducing, or redistributing any Site Content that displays the trademark or copyright notice of an entity other than JWA, except with the prior express permission of the trademark or copyright owner;
   3. downloading, copying, reproducing, or redistributing any other Site Content, all of which is owned by JWA and may be (a) linked to from another website for non-commercial purposes following notification to JWA via contact form of such link, the removal of which may be required by JWA, and (b) downloaded, printed, or used for personal or non-commercial, educational purposes, provided JWA is properly credited. To credit JWA, please use the format in the following examples:
      • For a bibliography: Jewish Women's Archive. “Terms of Use.” (Viewed on Month Day, Year) <https://jwa.org/termsofuse>.
      • For a footnote: Jewish Women's Archive, “Terms of Use,” (Viewed on Month Day, Year) <https://jwa.org/termsofuse>.
   4. removing, altering, bypassing, avoiding, interfering with, or circumventing any copyright, trademark or other proprietary notices marked on the Site or Site Content, or any digital rights management mechanism, device, or other content protection measures either directly or through other means;
   5. manipulating or otherwise displaying the Site or associated content by using framing or similar navigational technology;
   6. using the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site.
   7. using the Site other than for their intended purpose, as JWA determines using its sole discretion, including but not limited to unlawful uses and uses that interfere with the security of, or otherwise abuse, our Site, or any system resources, services or networks connected to or accessible through the Site.
   8. using the Site for any purpose that is unlawful, for example:
      1. defaming, abusing, harassing, or otherwise violating the legal rights (such as rights of privacy) of others.
      2. uploading or otherwise transferring files that contain material protected by intellectual property laws (or by rights of privacy or confidentiality) unless you own or control the rights thereto or have received all necessary consents.
      3. uploading or otherwise transferring files that contain viruses, corrupted files, or any other similar software or programs that may damage or inhibit the operation of another computer.
      4. deleting any author attributions, legal notices, or proprietary designations or labels in any file that is uploaded or otherwise transferred.
      5. falsifying the origin or source of material contained in a file that is uploaded or otherwise transferred.

III. USER SUBMISSIONS

You may submit for display or use or distribution to others through the Site stories, information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials (collectively, “User Submissions”) including without limitation submissions via any of JWA’s collecting projects at jwa.org/stories or JWA’s Story Aperture mobile application.

If you are under 18 years of age, you must first (a) review these Terms with your parent or legal guardian to make sure that you and your parent or guardian understand them, and (b) have your parent or legal guardian’s permission to submit to JWA your User Submissions.

We do not claim ownership of your User Submissions—as between you and JWA, you own all rights to your User Submissions. However, subject to the opt-out options available at the time of submission to JWA, you grant to JWA and our affiliates, representatives, sublicensees and assigns an irrevocable, perpetual, non-exclusive, sublicensable, assignable, transferrable, and royalty-free license throughout the universe to use, distribute, syndicate, license, reproduce, modify, adapt, publish, translate, publicly perform, create derivative works, and publicly display your User Submissions (in whole or in part) in any format or medium now known or later developed; provided, however, that our exercise of our rights under the foregoing license shall at all times be subject to the limitations upon disclosure of your User Submissions imposed on us under our Privacy Policy. We own all rights, title, and interests in any compilation, collective work, and other derivative work created by us using or incorporating your User Submissions. JWA reserves the right to share your submission and contact information with scholars for research purposes.

We do not investigate, verify, examine, or authenticate User Submissions, and you agree that you are solely responsible for the content of your User Submissions. We are not required to use, display or distribute your User Submissions. You represent and warrant that your User Submissions and Our authorized use of such submissions do not and will not infringe the rights of any third party including, without limitation, intellectual property rights, rights of privacy or publicity, or any other personal, legal, or moral rights. The rights granted under this Section III will survive the termination of these Terms.

IV. LINKED SITES

Our Site may contain certain links to third parties’ websites (“Linked Sites”). Linked Sites are not reviewed, controlled, or examined by JWA in any way and JWA is not responsible for the content, availability, advertising, products, or other materials of any such Linked Sites, or any additional links contained therein. These links do not imply JWA’s endorsement of or association with the Linked Sites. It is your sole responsibility to comply with the appropriate terms of service of the Linked Sites as well as with any other obligation under intellectual property, defamation, decency, privacy, security, and export laws related to the use of such Linked Sites and any content contained thereon. In no event shall JWA be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of the Linked Sites or the information or material accessed through these Linked Sites. You should direct any concerns relating to such third party site to that site’s administrator or webmaster. JWA reserves the exclusive right, at its sole discretion, to add, change, decline, or remove, without notice, any feature or link to any Linked Sites from Our Site.

V. INTELLECTUAL PROPERTY RIGHTS

All Site Content is the property of JWA and/or its affiliates, representatives and licensors. As between JWA and you, JWA is the sole owner of all Site Content, including without limitation, all applicable U.S. and non-U.S. copyrights, patents, trademarks, and trade secrets, and other intellectual property rights thereto. Except as otherwise specifically provided in these Terms, you may not download or save a copy of the Site or any portion thereof, for any purpose. You may, however, print a copy of individual screens appearing as part of the Site solely for your personal, non-commercial use or records, provided that any marks, logos, or intellectual property notices that appear on the copied screens remain on, and are not removed from the printed or stored images of such screens.

VI. COMMUNICATIONS

You may contact JWA via our Contact Form. However, the internet is not a fully secure medium and any communication may be lost, intercepted, or altered. JWA is not liable for any damages related to communications to or from the Site. You agree with respect to any information provided by you to us through the Site Contact Form or via email that:

1. JWA has no obligation concerning such information;
2. the information is non-confidential;
3. JWA may use, disclose, distribute and/or copy the information and may use any ideas, concepts, or know-how contained in the information for any purpose without compensation; and
4. the information is truthful and disclosure of the information does not violate the legal rights of others.

VII. UPDATES TO THE SITE

JWA may require that you accept updates to the Site you have installed on your computer or mobile device. You acknowledge and agree that JWA may update the Site with or without notifying you.

VIII. PRIVACY POLICY

JWA is committed to protecting your privacy and security and has explained in detail the steps We take to do so. We urge you to read our Privacy Policy.

IX. DISCLAIMER

All Site Content is intended for general information, general discussion, education, and entertainment purposes only. Such content shall not be construed as either endorsed or verified by us. The Site Content is provided “as is” and “as available,” without warranty of any kind, either express or implied, and your use or reliance on such content is solely at your own risk. Without limitation of the foregoing, JWA specifically disclaims any and all warranties, including, but not limited to: (i) any warranties concerning the availability, accuracy, appropriateness, reliability, timeliness, usefulness, or otherwise of the content on the site; and (ii) any warranties of title, warranty of non-infringement, warranties of merchantability or fitness for a particular purpose. This disclaimer of liability applies to any damages or injury caused by the Site, including without limitation as a result of (1) any error, omission, deletion, or defect in the Site Content, or (2) any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tort, negligence, defamation, or under any other cause of action. JWA does not warrant or guarantee that (a) any portion of the site will be free of infection by viruses, worms, Trojan horses, or anything else manifesting contaminating or destructive properties; or (b) access to the site will be uninterrupted or error-free. JWA does not warrant or make any representations regarding the use or the results of the use of the Site Content. You (and not JWA or any of its agents) assume the entire cost of all necessary servicing, repair, or correction.

Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

X. LIMITATION OF LIABILITY

You assume all responsibility and risk for use of the Site including, without limitation, any of the information contained therein. In no event shall JWA or any of its directors, officers, employees, shareholders, partners, or agents be liable for any incidental, indirect, punitive, exemplary, or consequential damages whatsoever (including damages for loss of profits, interruption, loss of business information, or any other pecuniary loss) in connection with any claim, loss, damage, action, suit, or other proceeding arising under or out of these Terms including, without limitation, your use of, reliance upon, access to, or exploitation of the Site, the Site Content, or any part thereof, or any rights granted to you hereunder, even if We have been advised of the possibility of such damages, whether the action is based on contract, tort (including negligence), infringement of intellectual property rights or otherwise.

XI. EXCLUSIONS AND LIMITATIONS

Some jurisdictions do not allow the disclaimer or exclusion of certain warranties or the disclaimer or exclusion of certain liabilities; thus, the above limitations may not apply to you. To the extent that they are held to be legally invalid, disclaimers, exclusions, and limitations set forth in these Terms do not apply; however, all other Terms shall apply and remain in full force and effect. If you are dissatisfied with any portion of the Site, or with any of these Terms, your sole and exclusive remedy is to discontinue using the Site. Notwithstanding the foregoing, in no event shall JWA’s liability to you for any and all claims, damages, losses, and causes of action (whether in contract, tort or otherwise) exceed the amount paid by you, if any, for accessing the Site.

XII. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless JWA, its affiliates, and their officers, directors, agents, suppliers, representatives, and licensors from and against any and all claims, damages, losses, costs, and expenses, including attorneys’ fees, arising from or related to (i) your use of the Site, (ii) any User Submissions you provide to JWA, or (iii) any violation of these Terms by you, including, but not limited to, any claim by a third party that any User Submission infringes or violates such third party’s rights or interests. JWA reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with JWA in asserting any available defenses. You agree that the provisions in this paragraph will survive any termination of your use of the Site.

XIII. COPYRIGHT AND TRADEMARK INFRINGEMENT

JWA respects the intellectual property rights of others. If you believe any Site Content is infringing your copyright, trademark, or any other right, please contact Us via contact form or at the following address or phone number:

The Jewish Women’s Archive
1860 Washington Street
Suite #204
Newton, MA 02466
P: (617) 232-2258

XIV. APPLICABLE LAW

You agree that the laws of the Commonwealth of Massachusetts, excluding its conflicts-of-law provisions, shall govern these Terms. Please note that your use of the Site may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with JWA or relating in any way to your use of the Site resides in the courts of the Commonwealth of Massachusetts, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the Commonwealth of Massachusetts, in connection with any such dispute and including any claim involving JWA or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.

We control and operate the Site from Our offices in Brookline, Massachusetts. We do not represent that Site Content is appropriate or available for use outside of the Commonwealth of Massachusetts. Persons who choose to access this site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

XV. PROVISIONS UNENFORCEABLE OR INVALID

If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

XVI. ASSIGNMENT

You shall not transfer, assign, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under these Terms. JWA may transfer, assign sublicense or pledge in any manner whatsoever, any of its rights and obligations under these Terms to a subsidiary, affiliate, or successor thereof or to any third party whatsoever, without notifying you or receiving your consent.

Thank you for taking the time to review our Terms and Privacy Policy. Please continue to enjoy the Site.

The Jewish Women’s Archive