Terms of Use
These terms of use (the “Agreement”) are between you and the Jewish Federation of Metropolitan Detroit “we”, “us”, and “our”). This Agreement sets forth the terms and conditions under which we make the Max M. Fisher Archives website (“Site”) and its contents available to you. Amendments to this Agreement will be posted on the Site. To the maximum extent allowed by law, amendments are effective when posted. Your continued use of the Site following the posting of any amendment to this Agreement shall constitute your acceptance thereof. If you do not agree with the terms of this Agreement or any amendment, please do not use the Site.
Using the Site
This Site is for general information and educational purposes only and may be used for no other purpose, including any commercial purpose. Subject to compliance with this Agreement, you have a limited and revocable license to access and view the contents of the Site for its intended purposes for your personal use and not for any commercial purpose. You shall not reproduce, distribute, post, disseminate, broadcast, sell, publish or in any way use or exploit any information, content, text, video, images or other materials (individually and collectively “Materials”) on the Site for any other purpose or otherwise use the Site other than as expressly permitted. The information contained on this site may include intellectual property that is protected under copyright, trademark and other intellectual property laws of the United States and/or other countries. All marks and logos on the site are property of their respective owners and may not be used without prior written permission.
Prohibited Conduct
You agree not to: exceed authorized access to or use of the Site or Materials; disrupt or interfere with security of or cause harm to the Site, associated network and servers, or Materials (for example by posting harmful code or viruses); use the Site in a manner that infringes on the intellectual property rights of any party; use the Site for any type of bulk email communication, spam, chain letter, junk email, survey or other duplicative or unsolicited messaging; interfere with the enjoyment of others’ use of the Site and Materials; violate applicable laws or the Agreement; use programmatic or automated devices to obtain materials from or monitor or copy the Site; frame or mirror the Site; make any use of data extraction or data gathering tools, or create a database by systematically downloading or storing Materials; misuse or abuse the Site domain name; harass, intimidate, harm, or defame another person.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE JEWISH FEDERATION OF METROPOLITAN DETROIT, ITS FUNDERS, EMPLOYEES, DIRECTORS, MEMBERS, OFFICERS, MANAGERS, AGENTS, REPRESENTATIVES, SERVICE PROVIDERS, AND SUPPLIERS (COLLECTIVELY, ALL THE FORGOING REFERRED TO AS THE “FEDERATION-RELATED PARTIES”) SHALL NOT BE RESPONSIBLE FOR AND NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LOST PROFITS ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, YOUR USE OF THE SITE OR INFORMATION CONTAINED WITHIN THE SITE, INCLUDING, BUT NOT LIMITED TO, YOUR DOWNLOADING OR UPLOADING OF ANY MATERIALS OR DOCUMENTS OR CONDUCTING ANY TRANSACTION THROUGH THE SITE. ADDITIONALLY, THE TOTAL AGGREGATE AND COMBINED LIABILITY OF THE FEDERATION-RELATED PARTIES SHALL BE LIMITED TO $100. THE FOREGOING LIMITATIONS APPLY IRRESPECTIVE OF WHETHER A CLAIM IS BROUGHT UNDER CONTRACT, TORT, WARRANTY, OR OTHER THEORY. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS IN ADDITION TO THOSE CONTAINED HEREIN. IN SUCH JURISDICTIONS OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT ALLOWED BY LAW.
Disclaimer of Warranties
TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, ALL CONTENT, INFORMATION, AND MATERIALS ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND WE MAKE NO, AND EXPRESSLY DISCLAIM ALL, REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE AVAILABILITY, OPERATION, AND/OR USE OF THE SITE, AND ANY OFFERINGS THEREON, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AND IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING OR COURSE OF PERFORMANCE. THE JEWISH FEDERATION OF METROPOLITAN DETROIT CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVER WILL BE ERROR-FREE, UNINTERRUPTED, FREE FROM UNAUTHORIZED ACCESS (INCLUDING THIRD PARTY HACKERS OR DENIAL OF SERVICE ATTACKS), OR OTHERWISE MEET YOUR REQUIREMENTS. IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION AND CONTENT ACCESSIBLE VIA THE SITE IS ACCURATE, COMPLETE, OR CURRENT. THE FEDERATION-RELATED PARTIES ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN OR FOR ANY ADVERSE CONSEQUENCES RESULTING FROM USE OF, INABILITY TO USE, OR RELIANCE ON ANY ASPECT OF THE SITE, INCLUDING BUT NOT LIMITED TO VIDEOS, USER CONTENT, AND ALL OTHER CONTENT, STATEMENTS, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE SITE. FURTHER, WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE SITE OR USER CONTENT WILL BE UNINTERRUPTED, FULLY SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
Third Party Content and Links to Third Party Sites
We may display on the Site content, information, and other materials from third parties, and links to third-party sites. The appearance of external hyperlinks generated by third parties does not constitute endorsement by us or our affiliates of any content of the linked third-party website, and we do not verify or take responsibility for the accuracy, currency, completeness, or quality of the content contained on these sites. Therefore, the Federation-Related Parties will not be responsible for any errors or omissions or for the results obtained from the sue of such information contained on these sites. IN NO EVENT WILL THE FEDERATION-RELATED PARTIES BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE, OR RELIANCE ON ANY THIRD-PARTY CONTENT DISPLAYED ON THE SITE, ANY PRODUCTS, SERVICES, OR OTHER MATERIALS RELATING TO ANY SUCH CONTENT, ANY LINKED THIRD-PARTY SITE, OR ANY LINK CONTAINED WITHIN A LINKED SITE.
Release and Indemnity
You agree to defend, indemnify, and hold harmless the Federation-Related Parties from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site (but excluding claims resulting from our breach of this Agreement), including, without limitation, any information of content you post and/or submit to the Site or any interference with the operation of the Site.
To the maximum extent permitted by applicable law, you hereby release, discharge, and agree to hold harmless the Federation-Related parties from any and all claims, judgments, costs, damages, losses, expenses, and liabilities, whether arising under contract, tort, or any other theory relating to any claim you may now have or hereafter have with respect to any loss, damage, cost, or expense that may be suffered by you as a result of using the Site.
Submissions
You agree that we are free to use any communication, comments, information, ideas, concepts, reviews, techniques, content, or any other material you may send to us, including, without limitation, postings and/or submissions to the Site, without further compensation, acknowledgement, or payment to you for any purpose whatsoever, including, but not limited to, creating, modifying, or improving the Site and its services. By submitting any comment or other material to the Site, you grant us a perpetual, non-exclusive, fully-paid, royalty-free, irrevocable, sublicenseable, worldwide license and right to display, use, perform, reproduce, modify, distribute, and create derivative works of such material or information submitted in any media, software or technology of any kind now existing or developed in the future. By posting or providing any such material or information, you represent and warranty that our public posting and use of such material or information will not infringe on or violate the rights of any third party.
Additionally, we reserve the right to review, edit, and remove, in whole or in part, any content submitted to the Site that we deem, in our sole discretion, to be unacceptable, undesirable or in violation of this Agreement.
Choice of Law
This Agreement shall be governed and interpreted in accordance with the laws of the State of Michigan, without regard to its conflicts of law provisions. You agree that, in any action arising out of this Agreement or relating to the operation of the Site or the content appearing therein, you irrevocably submit to the jurisdiction of a state or federal court covering Oakland County, Michigan, and, to the maximum extent permitted by law, agree that those courts shall be the exclusive venues of choice for any such action.
Without limiting the effect of any disclaimer contained herein, any cause of action you may have with respect to your use of the Site must be commenced within one (1) year after the claim or cause of action arises.
Entire Agreement
This Agreement is the entire understanding and agreement between you and the Jewish Federation of Metropolitan Detroit with respect to the subject matter hereof.
Miscellaneous
The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision. In the event that any provision of this Agreement is found to be invalid or unenforceable, this Agreement shall be construed in accordance with its term as if the invalid or unenforceable provision was not contained therein. No delay or failure by us to enforce any provision of this Agreement shall be a waiver of any of our rights under this Agreement. We may assign our rights or duties under this Agreement to any party at any time without notice to you. You may not assign your rights and duties under this Agreement without our prior written consent.
Digital Millennium Copyright Act Notice Policy
If you believe that your work has been posted on the Site in a way that constitutes copyright infringement, please contact us at the address below and provide the following information: (a) identity of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works are covered by the notice, a representative list of the copyrighted works that you claim have been infringed via the Site; (b) identification of the material that you claim is infringing (including sufficient information so that we may locate the material on the Site, such as the URL where such material may be found on the Site); (c) your street or mailing address, telephone number, and, if available, email address; (d) the following affirmation (if true): "I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g. fair use)."; (e) the following affirmation (if true): "I hereby state that the above information in this notice is accurate and, under penalty of perjury, that I am the copyright owner, or authorized to act on behalf of the owner of the copyright or of the exclusive right under the copyright allegedly infringed."; (f) electronic or physical signature of the copyright owner or of a person authorized to act on behalf of the owner of the copyright or of any exclusive right under the copyright.
Our designated agent for notice of copyright infringement can be reached at
Name:
Address:
Phone:
Email: