Privacy Policy
The Nevada County Historical Archive and it's partners value its users’ privacy. We will never sell, trade or share user information with anyone.Website and Cookies
In the course of providing our web-based services, the Archive collects and stores certain information automatically through our website. We use this information on an aggregate basis to maintain, enhance or add functionality to our web-based services. This type of data is not personally identifiable. It includes your Internet location (IP address), which pages on our site you visit, the URL of the web page from which you came to our site, which software you use to visit our site and its configuration.
A “cookie” is information stored on your computer or phone by our website to customize your interaction with the site. Cookies allows the Archive to know that a user account is active. A cookie in no way gives us access to your computer or phone or to any information about you, other than the data you choose to share with us. You can choose to accept or decline cookies. Declining cookies may prevent you from taking full advantage of the website.
Google Analytics
The Archive uses Google Analytics to capture and analyze web statistics. Google Analytics is a cookie-based analytics program that uses cookies to track website activity. Google Analytics typically collects the following information: Internet location (IP address), computer hostname, web pages requested, referring web page, browser used, screen resolution, date and time. No personal information is stored within these cookies. Cookies can be disabled within a browser’s preference or option menu. For more information about Google Analytics, see the Google Privacy Center.
Personal Information
We do not capture or store any personal information, except for Archive user accounts, where we store only a user's name, email and phone number for contact purposes.
We never capture or store any protected personal information like social security numbers, driver’s license number, date of birth, gender, etc.
Terms of Use
The Nevada County Historical Society provides this website ("Archive") and web-based services ("Archive Services”) that allows visitors to learn more about Nevada County’s history and to access historical records, documents, photographs, videos and maps (“Archive Content or Archive Materials”) over the Internet on certain computers and other devices. By accessing the website, you accept these Terms of Use, which govern your use of the Archive services.Archive Services
The Archive's web-based services are for personal and non-commercial use only. Your website visit allows you a limited, non-exclusive, non-transferable right to access the Archive Services and the Archive’s content. Except for the foregoing, no right, title or interest shall be transferred to you. You agree not to use any Archive materials for non-personal or commercial use without written permission of the Nevada County Historical Society.
You agree to use the Archive Services, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or content therein. Except as explicitly authorized by the Society, you agree not to: (i) archive, download, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use content and information contained on or obtained from or through the Society services; (ii) circumvent, remove, alter, deactivate, degrade, block, obscure or thwart any of the content protections or other elements of the Society services; (iii) use any robot, spider, scraper or other automated means to access the Society services; (iv) decompile, reverse engineer or disassemble any software or other products or processes accessible through the Society services; (v) insert any code or product or manipulate the content of the Society services in any way; (vi) use any data mining, data gathering or extraction method; (vii) upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Society services, including any software viruses or any other computer code, files or programs. We may terminate or restrict your use of the services if you violate these Terms of Use or are engaged in illegal or fraudulent use of the services.
Use of Archive Materials
The Archive encourages researchers to use materials in our collections that are in the public domain, and to make fair use of copyright materials as defined by copyright law. The majority of the Archive’s materials are still within copyright, specifically all unpublished photographs, documents. materials and maps. While the holding library or partner owns the physical objects in its collections, in some cases the Archive does not own the intellectual content. The Archive cannot grant or deny permission to publish or distribute material whose copyright it does not hold, or materials deemed to be in the public domain. Please note that copyright law protects published as well as unpublished materials.
Materials, and images of them, may be protected by copyright, trademark, privacy, publicity rights, or other interests not owned by the Archive. In obtaining a reproduction from the Archive, responsibility for determining the rights status of materials, making an independent legal assessment of an item, and securing any necessary permissions ultimately rests with any person intending to use an item. Users are responsible for obtaining all required permissions from copyright holders, and other rights holders, before publishing, distributing, or in any other way using a protected item beyond that allowed by fair use.
The Archive will try to provide users with information regarding the holders of copyright for materials in their collections. Please note that often this information is not on file and the Archive does not have the resources to conduct copyright research for patrons. In such cases, it is the user’s responsibility to attempt to locate the copyright holder. The Archive cannot guarantee the accuracy of any rights holder information, and shall not be responsible for any inaccurate information. Requests to copy the Archive’s materials, where the Archive is the clear copyright holder, constitute an agreement that permission is granted for one-time, non-exclusive, worldwide use of an image, document or item in all languages, in any media, for the life of the title, as well as use in advertising and promotional materials. This does not imply permission for any derivative products or productions. Permissions for materials that the Archive holds copyright over are not transferable.
UNAUTHORIZED PUBLISHING OR RESALE OF ANY IMAGE OR MATERIAL THAT THE ARCHIVE HOLDS COPYRIGHT OVER IS PROHIBITED AND WILL BE PROSECUTED TO THE FULL EXTENT OF THE LAW.
Copyright and Conditions of Use
The copyright law of the United States (Title 17 United States Code) governs the making of reproductions of copyrighted material. Under certain conditions specified in the law, libraries and archives are authorized to furnish a reproduction. One of these specified conditions is that the reproduction is not to be “used for any purpose other than private study, scholarship, or research.” If a researcher uses a reproduction for purposes in excess of “fair use,” that researcher may be liable for copyright infringement.
Privacy and Publicity Rights
The user is solely responsible for addressing issues of privacy and publicity rights related to the use of the Archive’s materials. Fair use is not a defense for violating privacy or publicity rights as the rights of privacy and publicity are distinct from copyright. Copyright laws protect the copyright owner’s property rights in the work, but privacy and publicity rights protect the interests of the individuals who are the subject of the work. While a person’s right to privacy usually ends with his or her death, it should be noted that publicity rights associated with any commercial value of that person’s name or image or likeness, continues after their death. Unlike copyright, which is subject to the Copyright Act of 1976, privacy and publicity rights are subject to state laws.
Disclaimer
In receiving a reproduction from the Archive’s holdings, the user assumes all responsibility for infringement of copyright or other rights in the use of the material. The Archive makes no warranties or representations and assumes no responsibility whatsoever for any claims against the applicant or the Archive by artists, their agents, estates, or by any parties in connection with the reproduction of items in the collections of the Archive.
Attribution
The name of the Nevada County Historical Archive must not be used in any manner that incorrectly implies any sponsorship or endorsement by the Archive. When you use reproductions from the Archive’s collections, you must acknowledge the Archive, holding library or partner as the source of the material.
Disclaimers of Warranties and Limitations on Liability
THE ARCHIVE SERVICES AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, ARE PROVIDED “AS IS” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. THE ARCHIVE DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE ARCHIVE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL THE ARCHIVE, ITS SUBSIDIARIES, DIRECTORS, OFFICERS, OR EMPLOYEES BE LIABLE TO YOU FOR USE OF THE ARCHIVE SERVICES FOR ANY DAMAGES WHATSOEVER.
Arbitration Agreement
You and the Archive agree that any dispute, claim or controversy arising out of or relating in any way to the Archive services, these Terms of Use shall be determined by binding arbitration or in small claims court. You agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and the Archive are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement.
The arbitration will be governed by the Consumer Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms of Use, and will be administered by the AAA. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement.
YOU AND THE ARCHIVE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and the Archive agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding.
Miscellaneous
Governing Law – These Terms of Use shall be governed by and construed in accordance with the laws of the state of California, without regard to conflict of laws provisions. These terms will not limit any consumer protection rights that you may be entitled to under the mandatory laws of your state of residence.
Survival – If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.