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Terms & Conditions of Use

Introduction

The Colonial Williamsburg Foundation (“CWF") provides text, audio and video files, data, media, digital images, trademarks, and all other content (collectively, “Content”) on its websites for personal and educational use only. Any commercial use of Content from CWF websites is strictly prohibited. By accessing our Content you agree to the following terms and conditions, which CWF may change at any time. You should refer to these terms and conditions each time you intend to use Content from any CWF website. If you have questions about these terms and conditions, you may contact the webmaster at the address listed below.

CWF Websites

These Terms and Conditions of Use apply to all of our websites, which individually shall be referred to as a “Site” and together will be referred to as the “Sites.” They include the following:

BY ENTERING THIS SITE, USERS ACKNOWLEDGE AND AGREE TO THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS SITE. Users must comply with all applicable laws, rules, and regulations while using the site.

Frequently Asked Questions about Content

Intellectual Property

All Content is owned by CWF or its licensors. CWF retains all rights, including copyrights, and the rights comprised in copyrights, in and to the Content. Copyright and other proprietary rights may be held by individuals or entities other than or in addition to CWF, and when this is the case, ownership will be identified. Many of the trademarks, service marks, and logos (collectively, "Trademarks") displayed on the Sites, including WILLIAMSBURG and COLONIAL WILLIAMSBURG, are registered and/or unregistered marks owned by CWF. The Trademarks of third parties may also be displayed on the Sites, and when this is the case, ownership will be identified. By displaying Trademarks on the Sites, CWF does not grant any implied license or right to use such Trademarks. The prior written permission of CWF or the third-party owner is required to use any Trademark displayed on the Sites. Any unauthorized use of the Trademarks or any other Content, except as authorized in these Terms and Conditions, is strictly prohibited.

Reservation of Rights

All rights not expressly granted herein by CWF are specifically and completely reserved.

Privacy

CWF is committed to protecting the privacy of all visitors to its Sites in accordance with applicable laws and regulations, including the Children’s Online Privacy Protection Act (“COPPA”). All information gathered from users of the Sites is governed by CWF’s Privacy Policy. While the CWF Sites are not specifically dedicated to children and CWF does not actively solicit information from children, all children under the age of thirteen (13) are required to obtain permission from a parent, legal guardian or teacher before submitting personally identifiable information or other User Materials to the Sites.

Links to Third-Party Sites

CWF is not responsible for the content or privacy policies of off-site pages or other websites linked to or from the Sites (“Links”). CWF provides Links as a convenience for its users who acknowledge that they personally assume the risk of accessing such Links. CWF does not endorse or recognize any affiliation to third parties by inclusion of Links on the Sites.

Disclaimer of Warranties

Without limiting the foregoing, all Content and User Materials on the Sites are provided "AS IS" WITHOUT A WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COPYRIGHT OWNERSHIP AND/OR NON-INFRINGEMENT OR OTHER THIRD-PARTY PROPRIETARY RIGHTS. CWF makes reasonable, ongoing efforts to revise and update the Sites, but does not warrant that the Sites will provide continuous, prompt, secure, or error-free service, and assumes no responsibility for any errors or omissions, including the inaccuracy of Content or User Materials, or for any damages or losses of users or third parties directly or indirectly caused by any Content or User Materials, viruses that may infect a user's computer equipment or other property resulting from use of the Sites or downloading of any Content or User Materials from the Sites. At its discretion CWF may discontinue or take down the Sites or any Content or User Materials on the Sites at any time.

Limitation of Liability

BY USING THE SITE, USERS AGREE THAT CWF, ITS SUBSIDIARIES, AFFILIATES, TRUSTEES, DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS (COLLECTIVELY THE “CWF PARTIES”) SHALL HAVE NO LIABILITY FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, COMPENSATORY, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES (EVEN IF ANY OF THE CWF PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM OR RELATED TO THEIR USE OF THE SITE, THE CONTENT OR USER MATERIALS.

Indemnification

Users agree to defend, indemnify, and hold harmless CWF and its trustees, directors, officers, employees or agents from and against any claims, damages, expenses, and liability arising from or related to any injuries, damages, or losses to any person from the user’s use of the site, including without limitation, any breach of these Terms and Conditions.

Entire Agreement; Severance; Waiver

These Terms and Conditions incorporate by reference any notices on the Site and, together with the Privacy Policy and any end-user license agreements, constitute the entire agreement regarding user access to the Site. If any provision of the terms and conditions or the Privacy Policy is deemed unlawful, void, or unenforceable, that provision will be severable from the remaining provisions and will not affect their validity and enforceability. The CWF's failure to enforce a provision on any occasion shall not be construed as a waiver of such provision.

Applicable Law and Jurisdiction

These Terms and Conditions of Use and any amendments thereto shall be governed and construed in accordance with the laws of the Commonwealth of Virginia, without giving effect to Virginia’s conflicts of laws provisions. Any dispute arising out of, in connection with, or related to use of the Sites shall be brought in any federal or state court whose jurisdiction includes the City of Williamsburg, Virginia and users hereby waive any objection that they may have to personal jurisdiction in these courts.

Comments and other Postings on the Sites



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