Terms of Use

Introduction
The Colonial Williamsburg Company (“CWC”) 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 CWC websites is strictly prohibited. By accessing our Content you agree to the following terms and conditions, which CWC may change at any time. You should refer to these terms and conditions each time you intend to use Content from any CWC website. If you have questions about these terms and conditions, you may contact the webmaster at the address listed below.

CWC 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:

·       www.colonialwilliamsburgresorts.com

·       www.colonialwilliamsburghotels.com

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.

Intellectual Property
All Content is owned by The Colonial Williamsburg Foundation (“CWF”), CWC or its licensors. CWF and CWC retain 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 CWC, 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 and CWC do 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 CWC are specifically and completely reserved.

Privacy
CWC 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 CWC’s Privacy Policy. While the CWC Sites are not specifically dedicated to children and CWC 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
CWC is not responsible for the content or privacy policies of off-site pages or other websites linked to or from the Sites (“Links”). CWC provides Links as a convenience for its users who acknowledge that they personally assume the risk of accessing such Links. CWC 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. CWC 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 CWC 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 CWC, ITS PARENTS, SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS (COLLECTIVELY THE “CWC 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 CWC 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 CWC and its parent and subsidiaries, 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 CWC’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
One or more of the Sites may provide an opportunity for users to post their comments and other materials, including videos and images (together “User Materials”), and to exchange ideas. Users acknowledge that User Materials will be posted on the World Wide Web and, consequently, may be freely copied and distributed by others without their permission. Users acknowledge further that they abandon any proprietary rights in all User Materials they post to the Sites and that CWC has the right in perpetuity to quote from or otherwise use User Materials in all media now known and hereafter created or discovered. By posting User Materials on the Sites users agree they:

·  will comply with all CWC requirements and procedures for its Sites and all applicable laws and regulations; and

·  will NOT post abusive or offensive language or User Materials that in whole or in part give rise to civil or criminal liability; and

·  will NOT post any User Material that is commercial in nature or infringes upon any third party rights, including privacy, publicity, trade secret, copyright, trademark, or patent; and

·  will obtain all necessary permissions from third party owners of any User Material before posting or distributing it on any of the Sites.

Users acknowledge that CWC does not endorse any User Materials, including without limitation, opinions or recommendations posted by users and that it makes no representation or warranty that the use of the User Materials will not infringe the rights of any third party. CWC assumes no responsibility or liability arising from any use of the User Materials or for any error, omission, defamation, obscenity, pornography or other illegal material contained in User Materials.

CWC shall have the right, but not the obligation, to inspect, monitor, review, remove or refuse any User Materials for any reason whatsoever, but will not remove User Materials solely based upon a user’s request. Teachers who sponsor a user posting to CWC’s sites shall assure that their students comply with these Terms and Conditions of Use.

CWC will terminate access and accounts of those who do not comply with these Terms and Conditions of Use as determined in CWC’s sole discretion. CWC may discontinue all or any portion of the Sites at any time in its sole discretion

Frequently Asked Questions about Content

What are authorized uses of content?
By downloading, printing, or otherwise using Content, users agree to limit their use of such files to non-commercial personal, educational use or “fair use” under the law and to abide by any additional terms or restrictions applicable to the specific Content. Users agree further that they will not violate CWC’s or any other party’s proprietary rights in and to the Content and will cite the author and source of the Content as they would material from any printed work. Such citations must include “The Colonial Williamsburg Foundation.” Users may not remove any credits or other attribution information, copyright or trademark notices, or other proprietary notices that have been placed on or near the Content. Downloading, printing, copying, distributing or otherwise using Content for commercial purposes, including commercial publication or personal financial gain, is expressly prohibited. Users may not modify Content on the Site. All rights not expressly granted herein by CWC are specifically and completely reserved. Users acknowledge that CWC makes no warranty regarding ownership or contact information of any third party Content and that they must seek permission to use such Content from its owner/s.

May I put content from the sites on a file server at my school?
Yes, except for works identified as being under copyright to a third party. You may not charge your users to access/use downloaded Content and any electronic distribution must be limited to your school only. You may not alter downloaded images, which must include the following credit as applicable: Image/s Courtesy of The Colonial Williamsburg Foundation www.colonialwilliamsburg.com or www.history.org All rights reserved.

May I put content from the sites on my personal website?
Yes, except for works identified as being under copyright to a third party, but only if your website contains no advertisements, takes no sponsors, charges no fee for accessing downloaded Content and offers no product or service for sale. You may not alter downloaded images, which must include the following credit as applicable: Image/s Courtesy of The Colonial Williamsburg Foundation www.colonialwilliamsburg.com or www.history.orgAll rights reserved.

May I print content from the sites for a school report?
Yes, but only for a personal or academic work. Your citation should include the URL www.history.org All other forms of publication are expressly prohibited. You may not alter downloaded images, which must include the following credit: Image/s Courtesy of The Colonial Williamsburg Foundation www.history.org All rights reserved.

How do I obtain permission for other forms of publication of the content?
Permission to use Content for purposes other than as authorized in these Terms and Conditions of Use must obtain prior written approval from CWC. A usage fee may be charged depending on the nature of the proposed use. For works of art from CWC’s collection reproduced on the Sites, contact [email protected] For all other Content on the Site, contact CWC’s [email protected]

What is the Digital Millennium Copyright Act?
CWC is committed to complying with United States copyright laws and requires all users of the Sites to comply with these laws. Owners of copyrighted works who believe that their rights under have been infringed by Content or User Materials on the Sites may report alleged infringements under the Digital Millennium Copyright Act (“DMCA”) by providing notice to CWC’s Designated Agent as required by the DMCA, Title 17 U.S.C. § 512. If such notice is provided by email please address it to: [email protected]; if such notice is by mail, please address it to: Designated Copyright Agent, Office of the General Counsel, The Colonial Williamsburg Foundation, 134 N. Henry Street, Williamsburg, Virginia, 12385.

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