General Terms: This web site (this “Site”) is provided by the Jewish Buffalo Jewish Buffalo History Center which is powered by the Buffalo Jewish Federation. The “Site” includes, without limitation: (a) all websites and applications owned or provided by the Jewish Buffalo History Center, and all services provided via any of our websites and applications (“Services”); and (b) newsletters, news updates, podcasts, blogs, collections, stories, web pages, data, text, images, photographs, graphics, audio, video, documents, and other features, content, and functionality available on or through or submitted on or through the Site (“Site Content”).
The Site is operated by the Jewish Buffalo History Center which is an affiliate of and supported by the Buffalo Jewish Federation and is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). The legally binding Terms set out your rights, obligations and restrictions regarding your use of our Site. Prior to using our Site, we require that you read these Terms carefully.
If you do not agree to these Terms, you may not use our Site. We reserve the right to change, modify, add, or delete portions of these Terms at any time. We will provide notice of such changes by posting the updated Terms on our Site and changing the “last updated” date listed above. Your use of our Site after such changes are implemented constitutes your acknowledgement and acceptance of the changes. We encourage you to review these Terms regularly.
USE OF THE SITE:
Limited License. Subject to your agreement and continuing compliance with these Terms and any other relevant Jewish Buffalo Jewish Buffalo History Center policies, we grant you a non-exclusive, non-transferable, non-sublicensable, non-assignable, and revocable license, subject to the limitations set forth in these Terms, to access and use the Site for your own non-commercial purpose pursuant to the terms and conditions set forth herein. These rights are user rights only, and no right or license is granted to distribute, publicly perform, or prepare derivative works of any content accessed through the Site, except as otherwise expressly permitted by these Terms.
Restrictions on Use. The Site and Site Content are intended for general information, general discussion, education, and entertainment purposes only. You may download, copy, reproduce or redistribute Site Content solely for your own personal use or for non-commercial, educational purposes, subject to the further limitations and restrictions set forth in these Terms. Except as expressly permitted otherwise by these Terms, you are specifically prohibited from:
(i). modifying Site Content;
(ii). downloading, copying, reproducing, or redistributing any Site Content that displays the trademark or copyright notice of an entity other than the Jewish Buffalo Jewish Buffalo History Center, except with the prior express permission of the trademark or copyright owner;
(iii). downloading, copying, reproducing, or redistributing any other Site Content, all of which is owned by the Jewish Buffalo History Center.
The Jewish Buffalo History Center must be properly credited for the use of any Site Content. Any user shall be required, upon the request of the Jewish Buffalo History Center for any reason or no reason to immediately discontinue the use of any Site Content upon receipt of notice from the Jewish Buffalo History Center or the Buffalo Jewish Federation.
JEWISH BUFFALO HISTORY CENTER WEBSITE POLICIES
The content included in this website is for educational purposes only.
Thank you for visiting the Jewish Buffalo History Center https://jewishbuffalohistory.org
This is the website of the Jewish Buffalo History Center powered by the Buffalo Jewish Federation, a non-profit organization dedicated to improving people’s lives locally and globally. Our offices are located at 2640 North Forest Road, Getzville, NY 14068. Our telephone number is 716-204-2241. Our facsimile number is 716-929-0482. Your privacy is important to us and we are committed to protecting it and to making you aware of our online practices regarding the privacy of your information.
Our Web site does not automatically collect any individually identifiable information, such as email addresses, from visitors. We collect personal information when you provide it in the course of interacting with the site. At the Jewish Buffalo History Center website https://jewishbuffalohistory.org powered by the Buffalo Jewish Federation, you may be able to register for updates, send in comments and suggestions and upload content you own and have created, subscribe to an email newsletter, participate in polls or surveys. By a link back to the parent website whose address is: https://buffalojewishfederation.org – you may also make a donation. In so doing, you may be asked to provide personally identifiable information such as your name, address, e-mail address, telephone number, fax number, credit card information, or information about your interests and activities.
When registering on the Buffalo Jewish Federation site, we may also ask you to choose a security question to answer (such as your mother’s maiden name or your pet’s name). If your personal information changes and you wish to update it (such as your address), or if you wish to delete your information, you can make changes to your user profile on the site. If this should prove insufficient, you may contact your local site administrator who will correct, update or remove your personal information as requested. We also may collect information that is not personally identifiable, such as the type of browser you are using (e.g., Firefox, Internet Explorer), the type of operating system you are using, (e.g., Windows or Mac OS) and the domain name of your Internet service provider (e.g., Comcast, Verizon FIOS). This information is helpful for improving your experience on the Site.
HOW THE INFORMATION IS USED
We may use the information you give us to respond to questions, comments or uploads, at your request. We may use it to communicate with you through periodic messages regarding, events, and other information and notices we believe you may find interesting or useful. We may use it for confirmation of donations, registrations, or other actions you take on our site, and for related needs. If you are a registered user, you may alter your user profile in order to remove your name from our e-mail recipient list.
We do not sell, rent, swap or otherwise share our mailing lists with other organizations. Any personal information you provide to the Jewish Buffalo History Center or Buffalo Jewish Federation site will not be disseminated to third parties outside of the Federations.
We may use the information that is not personally identifiable to analyze the design and functioning of our site in order to make site improvements. We may use such information in the aggregate to analyze site usage.
We will disclose personally identifiable information when required to do so by law.
buffalojewishfederation.org uses appropriate procedures to ensure the security of your personal information and to and protect it from unauthorized access. In particular, when we ask you to enter credit card information, we use the top industry standard security protection, including encryption, Secure Sockets Layer (SSL) transmission connection, and a secure server for information storage.
While on a secure page, such as our order form, the lock icon on the bottom of Web browsers such as Microsoft Internet Explorer becomes locked, as opposed to unlocked, or open, when you are just “surfing.”
We provide links to other Web sites that we believe you will find useful. We do not control the content or links that appear on these sites and are not responsible for the practices employed by these websites linked to or from our Site. In addition, these sites including their content and links, may be constantly changing. These sites and services may have their own privacy policies and user policies. Browsing and interaction on any other website, including websites which have a link to our Site, is subject to that website’s own terms and policies. We ask you to recognize that Jewish Buffalo History Center website nor the Buffalo Jewish Federation is responsible in any way for the privacy practices of these other sites. If you find a dead link, please report it to us by using our “Report a Broken Link” option on our Contact Us form, to enable us to correct or remove it.
You may submit for display or use or distribution to others through the Site stories, information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials (collectively, “User Submissions”). To submit content, you must be at least 18 years of age.
We do not investigate, verify, examine, or authenticate User Submissions, and you agree that you are solely responsible for the content of your User Submissions. We are not required to use, display or distribute your User Submissions. You represent and warrant that your User Submissions and Our authorized use of such submissions do not and will not infringe the rights of any third party including, without limitation, intellectual property rights, rights of privacy or publicity, or any other personal, legal, or moral rights. The rights granted under this Section III will survive the termination of these Terms. By uploading material to the Jewish Buffalo History Center website, you warrant and represent that you own the copyright with respect to such material or have received permission from the copyright owner. In either case you will provide information relating to copyright holder and you will affirm your permission for usage. You grant the Jewish Buffalo History Center, and the Buffalo Jewish Federation the nonexclusive right and license to display, copy, publish, distribute, transmit, print, and use such information or other material, but neither The Buffalo Jewish Federation nor Federation participants or the Jewish Buffalo History Center, may sell, resell or exploit for any commercial purposes such information or other material. Neither the Buffalo Jewish Federation, nor the Jewish Buffalo History Center, nor its representatives pre-screen content, but both the Jewish Buffalo History Center and the Buffalo Jewish Federation reserves the right (but not the obligation) in its sole discretion to take whatever action the Jewish Buffalo History Center and the Buffalo Jewish Federation deems appropriate if any posting that is inconsistent with these Guidelines is brought to its attention including, but not limited to revocation of privileges.
Images may only be used in an educational editorial manner, relating to events that are newsworthy or of public interest, and under no circumstances may an image ever be altered, changed or tampered with, either manually or electronically without Buffalo Jewish Federation’s express written permission.
Images may not be used in any defamatory, libelous or otherwise unlawful manner. They may not be used for any commercial, promotional, advertising or merchandising use. Materials may not be mounted on an additional server for public use, or for use by a set of subscribers without prior written permission from the copyright owner and owning institution.
PHOTO CREDIT AND INTELLECTUAL PROPERTY COPYRIGHT
The Jewish Buffalo History Center, and the Buffalo Jewish Federation’s contributing photographers own the copyright in and to the images as works for hire. Permission to examine these images is not an authorization to publish. No ownership or copyright in the image shall be transferred. The following photo credit must appear adjacent to the use of images: “[Photographer’s Name, Buffalo Jewish Federation, Copyright Year. All other rights reserved].” Please notify the Jewish Buffalo History Center, or the Buffalo Jewish Federation if you are aware or suspects that any third party is wrongfully using any images in whole or in part, or is violating any of Jewish Buffalo History Center, or the Buffalo Jewish Federation’s intellectual property rights, including, but not limited to copyrights and trademarks.
CONTENT IS PROTECTED BY INTELLECTUAL PROPERTY LAWS
We use text, images, audio, video, and other content on this website that are the property of other institutions and individuals, and may be protected by copyright, proprietary rights and contractual obligations. Permission to examine these images on the Jewish Buffalo History Center website is not an authorization to publish them. If the material is under copyright, permission to publish should be sought from the owners of rights. Transmission or reproduction of more than a single research or teaching copy of a protected item requires the permission of the copyright owner and/or the owning institution. Please contact the owning institution in order to determine the copyright status of a particular item.
The copyright status of an historical or other image, as well as items drawn from personal, organizational and historical collections can sometimes be difficult to determine. Whenever possible, the Jewish Buffalo History Center and the Buffalo Jewish Federation provides information about the copyright owners with a citation, however it is the user’s responsibility to use an item according to the terms governing its use.
The Jewish Buffalo History Center and the Buffalo Jewish Federation seeks to properly identify copyright owners so that they provide this information to their users. If you believe that we are using an image without clearance from the copyright holder, please email the Jewish Buffalo History Center /Buffalo Jewish Federation at https://jewishbuffalohistory.org and include the following information so that we may take the appropriate steps:
- Identification of the copyrighted work
- Information to enable us to contact the holder of copyright (address, telephone number, email)
- A statement regarding what is the incorrect use.
The copyright holder is generally the creator of the material or the creator’s heirs or assigns.
The U.S. Copyright Office has a public database (http://www.copyright.gov/records/) that is a resource for copyright information on all works registered with the U.S. Copyright Office after January 1, 1978.
WATCH (Writers, Artists, and Their Copyright Holders) File (http://norman.hrc.utexas.edu/watch/) holds the names and addresses of copyright holders or contact persons for authors and artists whose archives are located in archives or libraries in the USA.
Another useful source is the copyright guide originally created by Peter B. Hirtle. This current version is January 03, 2020. https://copyright.cornell.edu/publicdomain
The United States copyright law allows for fair use of copyrighted materials for certain educational purposes including scholarship, research, and teaching, as well as commentary and news reporting. See: https://www.copyright.gov/fair-use/
Users are solely responsible for determining fair use and for any claims that arise from their use.
All Site Content is intended for general information, general discussion, education, and entertainment purposes only. Such content shall not be construed as either endorsed or verified by us. The Site Content is provided “as is” and “as available,” without warranty of any kind, either express or implied, and your use or reliance on such content is solely at your own risk. Without limitation of the foregoing, The Jewish Buffalo History Center specifically disclaims any and all warranties, including, but not limited to: (i) any warranties concerning the availability, accuracy, appropriateness, reliability, timeliness, usefulness, or otherwise of the content on the site; and (ii) any warranties of title, warranty of non-infringement, warranties of merchantability or fitness for a particular purpose. This disclaimer of liability applies to any damages or injury caused by the Site, including without limitation as a result of (1) any error, omission, deletion, or defect in the Site Content, or (2) any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tort, negligence, defamation, or under any other cause of action. The Jewish Buffalo History Center does not warrant or guarantee that (a) any portion of the site will be free of infection by viruses, worms, Trojan horses, or anything else manifesting contaminating or destructive properties; or (b) access to the site will be uninterrupted or error-free. The Jewish Buffalo History Center does not warrant or make any representations regarding the use or the results of the use of the Site Content. You (and not The Jewish Buffalo History Center or any of its agents) assume the entire cost of all necessary servicing, repair, or correction.
Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
X. LIMITATION OF LIABILITY
You assume all responsibility and risk for use of the Site including, without limitation, any of the information contained therein. In no event shall The Jewish Buffalo History Center or any of its directors, officers, employees, shareholders, partners, or agents be liable for any incidental, indirect, punitive, exemplary, or consequential damages whatsoever (including damages for loss of profits, interruption, loss of business information, or any other pecuniary loss) in connection with any claim, loss, damage, action, suit, or other proceeding arising under or out of these Terms including, without limitation, your use of, reliance upon, access to, or exploitation of the Site, the Site Content, or any part thereof, or any rights granted to you hereunder, even if We have been advised of the possibility of such damages, whether the action is based on contract, tort (including negligence), infringement of intellectual property rights or otherwise.
XI. EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the disclaimer or exclusion of certain warranties or the disclaimer or exclusion of certain liabilities; thus, the above limitations may not apply to you. To the extent that they are held to be legally invalid, disclaimers, exclusions, and limitations set forth in these Terms do not apply; however, all other Terms shall apply and remain in full force and effect. If you are dissatisfied with any portion of the Site, or with any of these Terms, your sole and exclusive remedy is to discontinue using the Site. Notwithstanding the foregoing, in no event shall the Jewish Buffalo History Center’s liability to you for any and all claims, damages, losses, and causes of action (whether in contract, tort or otherwise) exceed the amount paid by you, if any, for accessing the Site.
You agree to defend, indemnify, and hold harmless The Jewish Buffalo History Center, its affiliates, and their officers, directors, agents, suppliers, representatives, and licensors from and against any and all claims, damages, losses, costs, and expenses, including attorneys’ fees, arising from or related to (i) your use of the Site, (ii) any User Submissions you provide to The Jewish Buffalo History Center, or (iii) any violation of these Terms by you, including, but not limited to, any claim by a third party that any User Submission infringes or violates such third party’s rights or interests. The Jewish Buffalo History Center reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with the Jewish Buffalo History Center in asserting any available defenses. You agree that the provisions in this paragraph will survive any termination of your use of the Site.
YOUR ACCEPTANCE OF THESE TERMS
By using this Site, you signify your acceptance of all the terms, conditions and policies herein. If you do not agree to this policy, please do not use our Site. Your continued use of the Site will be deemed your acceptance of these terms.
You agree that the laws of the State of New York, excluding its conflicts-of-law provisions, shall govern these Terms. Please note that your use of the Site may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with the Jewish Buffalo History Center or relating in any way to your use of the Site resides in the courts of the State of New York, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Erie County, State of New York, in connection with any such dispute and including any claim involving the Jewish Buffalo History Center, the Buffalo Jewish Federation or their affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.
PROVISIONS UNENFORCEABLE OR INVALID
If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.