Effective as of September 2, 2008. Last updated on August 12 2015.
By Accessing This Site, You Agree to the Terms of This Agreement
Accessing This Service
This Service is intended for adults over the age of 18, but children under the age of 18 are permitted to visit the site provided they adhere to all the conditions set forth herein. By accessing this Service, you affirm that you are either over the age of 18 or will adhere to the additional conditions required for those people under the age of 18.
If you are 13 years or older but under the age of 18, you must ask a parent or guardian whether you may visit this Service before accessing the Service. Parents and guardians should be aware that historical content sometimes contain disturbing and controversial images and content. If you permit a child to view material on the Service or to publish information or post material (even if the publishing or posting is permitted by these Terms of Service), you are strictly liable for the actions of the child under your supervision and will be deemed to release the MNHS from liability relating to the child's actions to the extent permitted by law.
You may become a User by posting a comment and providing some personal information. You must provide accurate and complete information on any posting. You agree not to use this Service to impersonate any person or entity, or falsely state or otherwise misrepresent yourself or your affiliation with any person or entity.
This Service may contain links to websites owned and operated by third parties that are not owned or controlled by the MNHS. The MNHS has no control over and assumes no responsibility for the content, privacy policies or practices of any third-party website. The MNHS cannot and will not edit or censor content on third-party websites, and you expressly release the MNHS of any liability arising from your use of a third-party website. You should be aware of when you leave the Service and read the terms and conditions and privacy policies of every website you visit.
- use the this Service to transmit, upload, post or link to any content that is libelous, defamatory, obscene, pornographic, sexually explicit, unlawful, threatening, abusive or vulgar; that is hateful or racially or ethnically objectionable; or that invades another person's privacy;
- post or publish any information that you know is false or misleading;
- impersonate any other person;
- permit a child under the age of 13 to publish information or post content under your user credentials;
- post any content that violates the copyright or right of publicity or any other right of another person;
- use this Service to harm or solicit personal information from any minor;
- post or attempt to post advertisements or commercial solicitations;
- send, post or transmit a software virus or other computer code, files or programs designed to interfere with, disable or destroy the software, hardware or telecommunications equipment of another person; or
- launch any automated system, including without limitation "robots," "spiders," and "offline readers," that sends more requests to the Service than a human could reasonably produce in the same period of time.
Users have permission to post content on this Service for others to view. Users may annotate historical records and documents, and provide commentary on user submitted content. For purposes of this Agreement, these annotations and comments are collectively referred to as "User Submissions." The MNHS does not guarantee the confidentiality of any User Submission, whether or not it is published.
You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to post the User Submission and that you fully authorize the MNHS to include the User Submission on the Service; (ii) you have the written consent, release, and/or permission of each and every living, identifiable person in the User Submission to use that person's name or likeness in the manner contemplated by the Service; and (iii) your User Submission does not violate any term of the "User Conduct" prohibitions above.
For clarity, you retain your ownership rights in your User Submissions. However, by submitting the User Submissions, you hereby grant the MNHS a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the MNHS’s mission, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media format and through any media channel. You also hereby grant each User a non-exclusive license to access your User Submissions through the Service, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Service.
You understand that when using this Service, you will be exposed to User Submissions from a variety of sources, and that the MNHS is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You understand and acknowledge that you may be exposed to User Submissions and historical content that may be inaccurate, offensive, indecent, or objectionable. You further understand that you may also be exposed to User Submissions and historical content that offend you personally but that the MNHS, in its sole discretion, determines are not inaccurate, offensive, indecent or objectionable. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against the MNHS arising from the content of the User Submissions, historical content or any other materials that can be viewed on the Service.
If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail):
- a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an email address;
- a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notification pursuant to the DMCA should be submitted to: Copyright Agent, c/o Minnesota Historical Society, 345 Kellogg Boulevard West, , Saint Paul, Minnesota, 55102, Phone: 651-259-3000. For clarity, only DMCA notices should go to this address. Any other feedback, comments, requests for technical support, and other communications should be directed to the MNHS through the Contact Us page. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.
A Special Caution for International Users
Disclaimer of Warranty
YOU AGREE THAT YOUR USE OF THIS SERVICESHALL BE AT YOUR SOLE RISK. THE SERVICE AND ALL CONTENT, DATA, MATERIALS, AND DOCUMENTATION PROVIDED IN CONNECTION WITH THE SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, THE MNHS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS OR ANY IMPLIED WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. THE MNHS DOES NOT WARRANT THAT THE SERVICE WILL BE PROVIDED ERROR-FREE, UNINTERRUPTED, COMPLETELY SECURE OR VIRUS FREE. THE MNHS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND THE MNHS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Limitation of Liability
IN NO EVENT SHALL THE MNHS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (II) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (III) ANY INTERRUPTIONS OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT THE MNHS SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR ANY CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the Service without restriction.
No Third-Party Beneficiaries
You agree that, unless explicitly provided for in this Agreement, there shall be no third-party beneficiaries to this Agreement.
Jurisdiction; Entire Agreement; Other Terms
Time Limit on Legal Claims
YOU AND THE MNHS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.