Institute of Nautical Archaeology – Nauticalarch.org
Institute of Nautical Archaeology
Web Site Terms and Conditions
Last Modified: April 14, 2020
PLEASE READ THESE TERMS AND CONDITIONS (“SITE TERMS”) CAREFULLY BEFORE USING THIS WEB SITE. BY USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THIS SITE.
These Site Terms apply exclusively to your access to, and use of, the INA website www.nauticalarch.org, to all associated subdomains, online services, and mobile applications, and to sites listed in the paragraph below labeled “Additional Websites Subject to Site Terms” (collectively, the “Site”). These Site Terms do not alter in any way the terms or conditions of any other agreement you may have with INA. If you are using the Site on behalf of any entity, you represent and warrant that you are authorized to accept these Site Terms on such entity’s behalf, and that such entity agrees to indemnify you and INA for violations of these Site Terms.
INA reserves the right to change or modify any of the terms and conditions contained in the Site Terms or any policy or guideline of the Site, at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting of the revisions on the Site. Your continued use of the Site following the posting of changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should frequently review the Site Terms and applicable policies from time to time to understand the terms and conditions that apply to your use of the Site. If you do not agree with the amended terms, you must stop using the Site.
INA controls and operates this Site from the United States. INA makes no representation that materials in this Site are appropriate or available for use in other locations, and access to this Site from territories where its contents are illegal is prohibited. The Site is not to be accessed or used in any other jurisdiction whose laws would restrict or prohibit its use and the user assumes all risks arising from any such access or use.
Copyright and Limited License
Unless otherwise indicated in the Site, the Site and all content and other materials on the Site, and the selection and arrangement thereof (collectively, the “Site Materials”) are the proprietary property of INA unless otherwise indicated and are protected by U.S. and international copyright, trademark, and other intellectual property laws. Permission is granted to access and use the Site and to display, copy, print and download Site Materials for personal, non-commercial use only, in accordance with these Site Terms and the other rules and restrictions contained in the Site, provided you do not modify the Site Materials and that you retain all copyright, trademark, and other proprietary notices contained in the materials. In addition, you agree that, unless otherwise agreed by INA in writing, such permission does not include: (a) any commercial use or any resale or redistribution of the Site or the Site Materials therein; (b) the collection and use of any product listings, pictures or descriptions; (c) the distribution, public performance or public display of any Site Materials; (d) making any derivative use of the Site and the Site Materials, or any portion thereof; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of the Site, the Site Materials or any information contained therein, except as expressly permitted on the Site; or (g) any use of the Site or the Site Materials other than for its intended purpose. The permission granted herein is revocable at any time, with or without cause. The permission given to you terminates automatically if you breach any of the Terms and Conditions. Upon termination, you must immediately destroy any downloaded and printed materials.
Repeat Infringer Policy
INA respects the intellectual property of others, and we ask our users to do the same. In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, INA has adopted a policy of terminating, in appropriate circumstances and at its sole discretion, access by any users who are deemed to be repeat infringers. INA may also at its sole discretion limit access to this Site and/or terminate use of its Site in the event of infringement of the intellectual property rights of others (regardless of whether there is any repeat infringement).
If you believe in good faith that your copyrighted work has been reproduced on our Site without authorization in a way that constitutes copyright infringement, please provide INA at the address provided below, the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on this Site;
- your address, telephone number, and email address;
- 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
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Notice of claims of copyright or other intellectual property infringement can be sent by email to General Counsel, Institute of Nautical Archaeology, at firstname.lastname@example.org. This contact information is only for suspected copyright or other intellectual property infringement notices only, and is not for reprint or use permission requests. Contact information for other matters is provided elsewhere on this site.
The INA logo, the INSTITUTE OF NAUTICAL ARCHAEOLOGY, the INA initials, and any other product or service name or slogan contained in the Site are trademarks of INA, the INA network, and may not be copied, imitated or used, in whole or in part, without the prior written permission of INA. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, are the service mark, trademark and/or trade dress of INA and may not be copied, imitated or used, in whole or in part, without our prior written permission.
Sites Linked From This Site; Third Party Content
This Site may contain links to or may frame third party Web sites (“Third Party Sites”) and may contain or link to third party information, materials, communications or other content (collectively the “Third Party Content”). Such Third Party Content and Third Party Sites are not under INA’s control, and INA does not endorse, assume any responsibility or liability for, or make any representations or warranties regarding, the Third Party Sites, the Third Party Content or any products or services offered by any third parties on the Site or any Third Party Site. INA does not intend links on this Site to be referrals or endorsements of the linked entities, or their products or services, and are provided for convenience only. Your use of the Third Party Sites or Third Party Content, or any third party products and services, is at your own risk and subject to the terms and conditions or the provider.
Sites Linking to This Site
If you would like to link another Web site to this Site, you may only do so if you obtain INA’s prior permission. Such link may not suggest or imply INA’s endorsement or approval of any product, position, entity or individual, or portray INA in a false, misleading, derogatory or otherwise defamatory manner, and the linking site may not contain any adult or illegal material or any materials that is offensive, harassing or otherwise objectionable. Any permission by INA to link may be revoked at any time.
YOUR USE OF THIS SITE, THE SITE MATERIALS AND THE SERVICES PROVIDED ON OR THROUGH THE SITE (THE “SERVICES” IS AT YOUR OWN RISK AND ARE PROVIDED “AS IS”, WITHOUT WARRANTIES OF ANY KIND. INA DOES NOT REPRESENT OR WARRANT THAT THE SITE, THE SITE MATERIALS OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD. INA IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS. REFERENCE TO ANY PRODUCTS, SERVICES, PROGRAMS OR OTHER INFORMATION, BY TRADE NAME, TRADEMARK, MANUFACTURER, SUPPLIER OR OTHERWISE DOES NOT CONSTITUTE OR IMPLY ENDORSEMENT, SPONSORSHIP OR RECOMMENDATION THEREOF, OR ANY AFFILICATION THEREWITH, BY INA. TO THE FULLEST EXTENT ALLOWED BY THE LAW, INA EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, CONDITIONS AND OTHER TERMS EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS AND FITNESS FOR PARTICULAR PURPOSE.
Feedback and Materials
Any comments or materials sent to INA (via any medium including email and regular mail) including feedback data, such as questions, ideas, comments, suggestions, or the like regarding this Site or any other products or programs of INA (collectively “Feedback”), shall be deemed to be non-confidential and shall become the sole property of INA unless otherwise agreed by INA. You hereby assign all rights in the Feedback to INA, and INA shall have no obligation of any kind with respect to such Feedback.
INA is grateful for all donations received in support of our nautical archaeology work. Due to restrictions imposed by law and the nature of charitable donations, INA reserves the right not to provide refunds for donations once they have been received. However, if you believe your donation was made in error please contact us.
User Content and Interactive Services or Areas
This Site may include discussion forums, user generated content or other interactive areas or services (“Interactive Areas”), including message boards, online hosting or storage services, or other areas in which you or other users create, post or store any content, messages, materials, data, information, text, music, sound, photos, video, graphics, code or other items or materials on the Site (“User Content”).
Registration Data; Account Security
In consideration of your use of the Site, if you create any account on the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site (“Registration Data”); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to INA, to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to INA.
Limitation of Liability
IN NO EVENT SHALL INA, ANY OTHER PARTY (WHETHER OR NOT INVOLVED IN THE CREATING, PRODUCING, MAINTAINING OR DELIVERING THE SITE), AND/OR OF OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS OR AGENTS OF ANY OF THEM, BE LIABLE FOR ANY DIRECT, INCIDENTIAL OR CONSEQUENTAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOSS OF INCOME, LOSS OF ACTUAL OR ANTICIPATED PROFITS, LOSS OF BUSINESS, LOSS OF CONTRACTS, LOSS OF GOODWILL OR REPUTATION, LOSS OF ANTICIPATED SAVINGS, LOSS OF, DAMAGE TO OR CORRUPTION OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGILGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, THE SERVICES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGEES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM INA, OR THAT RESULT FROM MISTAKES, OMISSIONS, ITNERUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELATS IN OPERATION OR TRANSMISSION OR ANY FAILTURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO INA’S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF INA, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGILIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO INA FOR ACCESS TO OR USE OF THE SITE.
You agree to defend, indemnify and hold INA, and its affiliates, independent contractors, services providers, suppliers, licensors and consultants, and their respective officers, directors, employees, and agents (the “Indemnified Parties”), harmless from and against any claims, damages, costs, actions, demands, liabilities, and settlements and expenses (including without limitation, reasonable attorneys’ fees) arising out of or related to your violation of these Terms and Conditions, any User Content you post, store or otherwise transmit on or through the Site, or your use of or inability to use the Site, including without limitation any actual or threatened suit, demand or claim made against the Indemnified Parties, arising out of or relating to the Content, your conduct, or your violation of the rights of any third party.
Additional Websites Subject to Site Terms
These Site Terms shall apply to the following websites and all associated subdomains:
Termination; Removal of User Content
Notwithstanding any of these Site Terms, INA reserves the right, without notice and in its sole discretion, to discontinue the Site or any Services offered through the Site and to terminate your use and block your access to the Site at any time without notice.
If any provision of the Site Terms is deemed unlawful, void or for any reason unenforceable, then such provision shall be deemed severable from these Site Terms and shall not affect the validity and enforceability of any remaining provisions. No waiver of these Site Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
Governing Law and Jurisdiction
These Site Terms and your use of the Site are governed and construed in accordance with the laws of the State of Texas, applicable to agreements made and to be performed in the State of Texas, without resort to its conflict of law provisions. You agree that any action at law or in equity arising or in any way relating to the Site Terms shall be filed only in the state and federal courts located in the State of Texas and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Site Terms.
Questions and Contact Information
Thank you for your cooperation. Questions or comments regarding the Site should be directed by electronic mail to email@example.com