The Collected Writings of the Master Archivist

Terms of Use

THESE TERMS OF USE DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES WHEN USING THE HIMMARKLAI.ORG WEBSITE. PLEASE READ THEM CAREFULLY.

Last updated: June 4, 2018

Acceptance of terms
Himmarklai.org, including all website-related content and services (collectively, “Himmarklai.org”) is provided by the Chinese Historical Society of America (“CHSA” “we,” “us”). Your use of chsa.org is subject to your compliance with the terms and conditions set forth in this Terms of Use agreement (“Terms of Use”), which supplements any additional guidelines or other terms posted by CHSA in relation to specific site-related services or content. Although you can access and read portions of Himmarklai.org just by visiting the site, you must sign up to use certain Himmarklai.org features—such as receiving newsletters.

Please note that we reserve the right to update or modify the Terms of Use without advance notice by posting a revised Terms of Use to this website. Visitors to chsa.org (“you”) can determine whether the Terms of Use has been modified since your last visit by checking the “Last updated” legend posted at the top of the Terms of Use. By using Himmarklai.org, you agree to be bound by the version of the Terms of Use then in effect. If at any point you no longer agree to the Terms of Use, please discontinue your use of Himmarklai.org. CHSA may deny service to you at any time, including in the event you do not adhere to the Terms of Use.

About CHSA and purpose of chsa.org
CHSA is a nonprofit educational organization that collects, preserves, and illuminates the history of Chinese in America by serving as a center for research, scholarship and learning to inspire a greater appreciation for, and knowledge of, their collective experience through exhibitions, public programs, and any other means for reaching the widest audience.

As a tax-exempt organization, CHSA is prohibited from supporting attempts to influence the outcome of any election for public office. Accordingly, with Himmarklai.org, CHSA seeks to provide a forum to discuss policy—not to advance the interests of any particular political party or candidate for office.

CHSA’s proprietary rights and reuse policy
You acknowledge and agree that the information and materials presented on or through Himmarklai.org will remain the property of CHSA and its licensors or providers and are protected by copyright, trademark, patent, and/or other proprietary rights and related laws, rules, and regulations. The materials produced by or for CHSA (including photographs, graphics, video, and audio content) are protected by copyright as a collective work or compilation under the copyright laws of the United States and other countries. All individual articles, content, and other elements comprising this compilation and produced by or for CHSA are also copyrighted works. You agree to abide by all additional copyright notices or restrictions contained in any materials produced by or for CHSA.

The trademarks, service marks, logos, and trade names displayed on Himmarklai.org (collectively the “Marks”) are the registered and unregistered trademarks of CHSA, CHSA’s licensors and suppliers, and others. All Marks on Himmarklai.org not owned by CHSA are the property of their respective owners. The Marks owned by CHSA, whether registered or unregistered, may not be used in connection with any product or service that is not CHSA’s.

Links
Chsa.org provides links to other websites and resources. As CHSA has no control over these sites and resources, you acknowledge and agree that CHSA does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. CHSA is providing these links to you only as a convenience. CHSA has the right (but not the obligation) to block links from or to Himmarklai.org at any time.

Claims of copyright infringement
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by CHSA infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed or access to it be blocked. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.copyright.gov/for details. Notices and counter-notices with respect to Himmarklai.org should be sent to:

By mail:
CHSA
965 Clay Street
San Francisco CA 94108
Attn. Executive Director

By email: info@chsa.org

Privacy policy
All information provided by you or collected by us during visits to Himmarklai.org (including when you register to become a member or sign up to use certain features) is governed by CHSA’s Privacy Policy, which is hereby incorporated into the Terms of Use by this reference. Please review it carefully by clicking here.

Jurisdictional issues
Himmarklai.org is controlled and operated by CHSA from its principal office in the City and County of San Francisco, California, United States of America, and is not intended to subject CHSA to the laws or jurisdiction of any other state, country, or territory. Those who choose to access Himmarklai.org do so on their own initiative and at their own risk and are solely responsible for complying with all local laws, rules, and regulations.

Termination
You agree that CHSA, in its sole discretion, may terminate your use of Himmarklai.org or any part thereof, at any time and for any reason, including if CHSA believes that you have violated or acted inconsistently with the spirit of the Terms of Use. Further, you agree that CHSA will not be liable to you or any third party for any termination of your access to Himmarklai.org.

Disclaimers
HIMMARKLAI.ORG IS PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. YOU AGREE THAT YOU MUST EVALUATE AND BEAR ALL RISKS ASSOCIATED WITH THE USE OF HIMMARKLAI.ORG AND ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS THEREOF. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE CENTER DISCLAIMS ALL WARRANTIES WITH RESPECT TO HIMMARKLAI.ORG.

Himmarklai.org may include inadvertent inaccuracies or errors or information or materials that violate the Terms of Use. Additionally, the possibility exists that a third party could make unauthorized alterations to Himmarklai.org content or features. Although we attempt to ensure the integrity of Himmarklai.org, we make no guarantees as to its completeness or correctness. In the event that a situation arises in which Himmarklai.org’s completeness or correctness is in question, please contact us with, if possible, a description of the material to be checked and the location (URL) where such material can be found on Himmarklai.org, as well as information sufficient to enable us to contact you.

Limitation of liability
NEITHER CHSA NOR ANY OF OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, OR CONSULTANTS ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO HIMMARKLAI.ORG AND/OR MATERIALS CONTAINED THEREON, ANY LINKED SITE, OR ANY CONTENT OR SERVICE AVAILABLE THROUGH HIMMARKLAI.ORG. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, CONTENT, SERVICES, OR ANY LINKED SITE IS TO STOP YOUR USE OF IT.

Indemnification
You agree to defend, indemnify, and hold harmless CHSA and our directors, officers, employees, and consultants from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), and other expenses that arise out of or from: (a) your activities in connection with Himmarklai.org; (b) any violation of these Terms of Use by you; or (c) any allegation that any submissions or other materials you submit to us or transmit to Himmarklai.org infringe or otherwise violate the copyright, trademark, trade secret, or other intellectual property or other rights of any third party.

Miscellaneous
These Terms of Use are governed by and construed in accordance with the laws of the State of California, United States of America, without regard to its conflict of law principles. You agree to submit to the exclusive jurisdiction of any court located in the jurisdiction of the City and County of San Francisco, California, United States of America, and waive any jurisdictional, venue, or inconvenient forum objections to such courts in any matter arising out of or related to Himmarklai.org or these Terms of Use. If any provision of these Terms of Use is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions. CHSA may assign its rights and obligations under these Terms of Use. These, together with all policies referred to herein, is the entire agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between us with respect to such subject matter.