These Terms of Use (“Terms of Use”) govern your use of 1947partitionarchive.org (the “Site”).  By accessing or using the Site, you (“you” or the “User”) accept and agree to be bound by these Terms of Use.  If you do not agree to abide by these Terms of Use, you are not authorized to use or access the Site.

Please review the following carefully so that you understand the terms of these Terms of Use.  These Terms of Use describe your responsibilities and The 1947 Partition Archive’s liability related to the Site and its content.  If you have any questions regarding these Terms of Use, please contact us via email at ask@1947partitionarchive.org.

BY USING THE SITE, YOU ACCEPT ALL OF THE TERMS AND CONDITIONS OF THESE TERMS OF USE AND REPRESENT THAT YOU ARE LEGALLY COMPETENT TO ENTER INTO AND AGREE TO THESE TERMS OF USE. 

ABOUT THE 1947 PARTITION ARCHIVE

The 1947 Partition Archive is a people-powered non-profit organization dedicated to documenting, preserving, and sharing eyewitness accounts from all ethnic, religious and economic communities affected by the Partition of British India in 1947.  We provide a platform for anyone anywhere in the world to collect, archive, and display oral histories that document not only Partition, but pre-Partition life and culture as well as post-Partition migrations and life changes. 

INTELLECTUAL PROPERTY 

The 1947 Partition Archive is the owner of the compilation of content that is posted on the Site, including all text, images, audio and video clips, design, databases, codes, and software (“Content”), but it does not necessarily own all the material within this compilation.  The Content may be owned by The 1947 Partition Archive, owned by others and used with their permission, or used in accordance with applicable law.  Some Content is in the public domain and some Content is protected by third party rights such as copyright, trademark, rights of publicity, privacy, and contractual restrictions. 

YOUR RESPONSIBILITIES 

You are solely responsible for your use of and activity in relation to the Site.  Your permission to use the Site is conditioned upon the following use and conduct restrictions.  You agree that you will not under any circumstances: 

• post or submit content that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive; 
• create a false identity or impersonate any person;
• use the Site for any unlawful purpose or for the promotion of illegal activities; 
• distribute or submit unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; 
• attempt to harass, abuse, harm or bully another person or user; 
• provide false or inaccurate information to The 1947 Partition Archive; or 
• publish, submit, or link to malicious content intended to damage or disrupt the browser, computer, or system of The 1947 Partition Archive, or of any other person or entity.  

LICENSE TO YOU

You must obtain prior, written permission from The 1947 Partition Archive in order to use Content for any purpose, including personal, educational, and other noncommercial uses. You may send requests for use at Archive Access In addition to obtaining prior, written permission, any uses of the Content must comply with the terms below.

• Citations to the author and source of the Content must be included as it would be for material from any printed work.
• Citations, and when possible, links to The 1947 Partition Archive’s website must be included as the source of the Content.
• You must not remove any copyright, trademark, or other proprietary notices, including attribution, information, credits, and notices that are placed in or near the Content.
• You must comply with all terms or restrictions other than copyright (such as trademark, publicity and privacy rights, or contractual restrictions) as may be specified in the metadata (i.e., the data that provides information about certain aspects the content) or as may otherwise apply to the Content. 

The 1947 Partition Archive Content may only be used for commercial, educational or other purposes with prior, written permission. You can request permission for commercial or educational uses here (http:/ /www.1947partitionarchive.org/Archive_Access). You are prohibited from selling any Content as well as any materials, products, or services that use or incorporate the Content without the prior, written approval of The 1947 Partition Archive. You are also prohibited from using the Content to promote or advertise yourself or other persons, organizations, causes, products, or services, written approval of The 1947 Partition Archive..  You may send requests for non-permitted uses to ask@1947partitionarchive.org.

LICENSE TO THE 1947 PARTITION ARCHIVE

In order to further its mission of documenting, preserving and sharing oral histories, The 1947 Partition Archive provides certain interactive features on its Site.  By posting, uploading, publishing, submitting, or transmitting photographs, video clips and other content, you are granting The 1947 Partition Archive a nonexclusive, perpetual, irrevocable, royalty-free, worldwide, transferable, sublicenseable license to access, use, reproduce, transmit, perform, display, modify, translate, excerpt (in whole or in part), adapt, publish, and distribute the content.  By posting or submitting any content, you represent and warrant that the content is yours or that you have received permission from the person or entity that owns the content and related intellectual property rights.  At any time and without notice, The 1947 Partition Archive may redact or remove any posting found to be copyright infringing, defamatory, offensive, potentially in violation of other’s rights, or otherwise inappropriate. 

DISCLAIMER OF WARRANTIES

The Site may be periodically unavailable for maintenance or other reasons.  The 1947 Partition Archive shall have no responsibility for any interruption, delay in operation or transmission, theft or destruction of, unauthorized access to, or alteration of any Content made available via the Site. 

ALL USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK.  THIS SITE IS PROVIDED BY THE 1947 PARTITION ARCHIVE ON AN “AS IS” AND “AS AVAILABLE” BASIS.  THE 1947 PARTITION ARCHIVE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, TIMELINESS, ACCURACY, COMPLETENESS, RELIABILITY, MERCHANABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR SAFETY.  THE 1947 PARTITION ARCHIVE DOES NOT WARRANT THAT THE INFORMATION ON THIS SITE IS ACCURATE, RELIABLE, OR CORRECT, OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  THE 1947 PARTITION ARCHIVE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, AND (II) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN.

LIMITATIONS OF LIABILITY

Under no circumstances will THE 1947 Partition or its directors, officers, employees, volunteers or agents be liable to you or any third person for any and all claims arising out of or related to your use of, or inability to use, this site.  THE 1947 Partition Archive will not be liable for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including for any loss of profit, revenue, goodwill, business opportunity, or anticipated savings or lost data arising from your use of the Site, or any of the Site content or other materials on, accessed through, or downloaded from the Site.  

You agree that, to the extent permitted by applicable law, your sole and exclusive remedy for any problems or dissatisfaction with THE 1947 Partition Archive’s services is termination and discontinuation of the Site. 

INDEMNIFICATION

You agree to indemnify, defend, and hold The 1947 Partition Archive, its directors, officers, employees, agents, advisors, and agents harmless from all claims, causes of action, allegations, costs, expenses, judgments, liabilities, losses, and damages arising from and relating to your use of The 1947 Partition Archive’s Site. 

MODIFICATION OF TERMS

The 1947 Partition Archive reserves the right to periodically change these Terms of Use without notice, and such changes will be effective as of the date they are posted.  You are responsible for checking this page frequently for any updates or other changes.  

SEVERABILITY

If any term, provision, covenant, or condition of these Terms of Use is held invalid or unenforceable for any reason, the remainder of the provisions will continue in full force and effect as if these Terms of Use had been executed with the invalid portion eliminated.

LAWS GOVERNING TERMS OF USE

The laws of the State of California govern these Terms of Use and any amendments or revisions, excluding the relevant laws governing Conflicts of Law.  Any complaint, case, controversy, suit, action, or other proceeding arising out of or relating to these Terms of Use shall be brought in a state or federal court located in Alameda County, California.

INTERNATIONAL USE 

The 1947 Partition Archive makes no representation that materials on this Site are appropriate or available for use in locations outside the United States.  Access to this Site from countries or territories where such access is illegal is prohibited.  If you choose to access this Site outside the United States, you do so on your own initiative and are solely responsible for compliance with local laws.

THIRD PARTY DISCLAIMERS

The Site may contain links to third party websites in addition to articles, photographs, texts, videos, and other content originating from third parties that is not under the control of The 1947 Partition Archive.  These links are provided for your convenience and for informational purposes only.  Links to third party content do not indicate The 1947 Partition Archive’s endorsement of, sponsorship of, or affiliation with the third party or the linked content, including any advertising that may be posted on them.  Third party content is not investigated, monitored, or checked for accuracy, appropriateness, completeness or legality by The 1947 Partition Archive.  

COPYRIGHT COMPLAINTS 

If you are a copyright owner or an agent thereof and believe in good faith that any materials on the Site infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act by sending the following information in writing to The 1947 Partition Archive’s designated copyright agent at info@1947partitionarchive.org.

• A description of the copyrighted work that you claim has been infringed.  If this notice covers multiple copyrighted works, you may provide a representative list of the copyrighted works that you claim have been infringed;
• A description of the material that you claim is infringing (or to be the subject of infringing activity) and information reasonably sufficient to permit us to locate the material;
• Information sufficient to contact you, including your mailing address, telephone number, and, if available, 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;
• A statement that the information provided in the notice is accurate, and under penalty of perjury, that you are the owner, or agent thereof, of the copyright or of an exclusive right under the copyright that is allegedly infringed; and
• Your full legal name and your electronic or physical signature.

If you believe that your content that has been removed from the Site does not infringe or that you have the authorization from the copyright owner, you may send a counter-notice to The 1947 Partition Archive.  To do so, send the following information to our copyright agent using the contact information set forth above.

• A description of the material that has been removed and the location at which the content appeared before it was removed;
• A statement that you have a good faith belief that the content was removed as a result of mistake or a misidentification of the content;
• Information sufficient to contact you, including your mailing address, telephone number, and, if available, email address;
• A statement that you will consent to the jurisdiction of the federal court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which The 1947 Partition Archive may be found;
• A statement that you will accept service of process from the person who provided the notification of the alleged infringement; and
• Your full legal name and your electronic or physical signature.

If a counter-notice is received by The 1947 Partition Archive copyright agent, The 1947 Partition Archive may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in 10 business days.  Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may, at The 1947 Partition Archive’s discretion, be reinstated on the Site in 10 to 14 business days or more after receipt of the counter-notice.

Please contact The 1947 Partition Archive at ask@1947partitionarchive.org if you have any complaints or objections to Content that is posted without proper credits or permissions.

HOW TO REACH THE 1947 PARTITION ARCHIVE

If you have any questions about these Terms of Use, please contact:  ask@1947PartitionArchive.org