Privacy Policy
Website and Cookies
In the course of providing our web-based services, the Society collects and stores certain information automatically through our website. We use this information on an aggregate basis to maintain, enhance or add functionality to our web-based services. This type of data is not personally identifiable. It includes your Internet location (IP address), which pages on our site you visit, the URL of the web page from which you came to our site, which software you use to visit our site and its configuration.
A “cookie” is information stored on your computer or phone by our website to customize your interaction with the site. Cookies allows our Member Portal to know you are an active member and for you to be able to update your contact information and account preferences. A cookie in no way gives us access to your computer or phone or to any information about you, other than the data you choose to share with us. You can choose to accept or decline cookies. Declining cookies may prevent you from taking full advantage of the website.
Google Analytics
The Society uses Google Analytics to capture and analyze web statistics. Google Analytics is a cookie-based analytics program that uses cookies to track website activity. Google Analytics typically collects the following information: Internet location (IP address), computer hostname, web pages requested, referring web page, browser used, screen resolution, date and time. No personal information is stored within these cookies. Cookies can be disabled within a browser’s preference or option menu. For more information about Google Analytics, see Google Privacy Center.
Personal Information
Your membership profile stores only the essential information we need for your account and membership. This is managed securely through our partner, Bloomerang. This includes only the following personally identifiable information (PII):
- Your name, company or organization name, address, email, password (encrypted) and phone number(s).
- And optionally your name title and suffix and your spouse’s name.
We also store your communication preferences, including:
- Your preferred communication channel (email, phone, mail), your newsletter delivery preference (email or postal), your email interests (email newsletters, speaker night announcements, etc.), any communication restrictions that you have requested and your type of membership, status, expiration date and when you joined the society.
We do not ever capture or store any protected personal information like social security numbers, driver’s license number, date of birth, gender, etc.
Society Membership
You may cancel your account and membership at any time. Your Society membership will expire after one year unless a recurring donation is set up. You should cancel your membership before it renews in order to avoid billing of the membership dues for the next year. This can be done online here. The Membership Profile page will also show when your membership expires. Under the California Consumer Privacy Act of 2018 (CCPA), you have the right to view and download all the information that we store about you at any time. This can be accessed and requested here.
Access to your member and donor information is restricted to a limited number of Society staff who maintain our membership database. Any other access to your personal information is strictly limited to emergency circumstances or to comply with valid law enforcement requests.
Terms of Use
The Society provides a website https://nevadacountyhistory.org and web-based services (“Society Services”) that allows visitors to learn more about Nevada County’s history and to access historical records, documents, photographs, videos and maps (“Society Content or Society Materials”) over the Internet on certain computers and other devices. By accessing the Society’s website, you accept these Terms of Use, which govern your use of the Society services.
Society Services
The Society’s web-based services are for personal and non-commercial use only. Your membership grants you a limited, non-exclusive, non-transferable right to access the Society services and the Society’s content. Except for the foregoing, no right, title or interest shall be transferred to you. You agree not to use any Society materials for non-personal or commercial use without written permission of the Society.
You agree to use the Society’s web-based services, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or content therein. Except as explicitly authorized by the Society, you agree not to: (i) archive, download, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use content and information contained on or obtained from or through the Society services; (ii) circumvent, remove, alter, deactivate, degrade, block, obscure or thwart any of the content protections or other elements of the Society services; (iii) use any robot, spider, scraper or other automated means to access the Society services; (iv) decompile, reverse engineer or disassemble any software or other products or processes accessible through the Society services; (v) insert any code or product or manipulate the content of the Society services in any way; (vi) use any data mining, data gathering or extraction method; (vii) upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Society services, including any software viruses or any other computer code, files or programs. We may terminate or restrict your use of the services if you violate these Terms of Use or are engaged in illegal or fraudulent use of the services.
Use of Society Materials
- The Society encourages researchers to use materials in our collections that are in the public domain, and to make fair use of copyright materials as defined by copyright law.
- The majority of the Society’s materials are still within copyright, specifically all unpublished photographs, documents. materials and maps. While the library owns the physical objects in its collections, in some cases the Society does not own the intellectual content. The Society cannot grant or deny permission to publish or distribute material whose copyright it does not hold, or materials deemed to be in the public domain. Please note that copyright law protects published as well as unpublished materials.
- Materials, and images of them, may be protected by copyright, trademark, privacy, publicity rights, or other interests not owned by the Society. In obtaining a reproduction from the Society, responsibility for determining the rights status of materials, making an independent legal assessment of an item, and securing any necessary permissions ultimately rests with any person intending to use an item. Users are responsible for obtaining all required permissions from copyright holders, and other rights holders, before publishing, distributing, or in any other way using a protected item beyond that allowed by fair use.
- The Society will try to provide users with information regarding the holders of copyright for materials in their collections. Please note that often this information is not on file and the Society does not have the resources to conduct copyright research for patrons. In such cases, it is the user’s responsibility to attempt to locate the copyright holder. The Society cannot guarantee the accuracy of any rights holder information, and shall not be responsible for any inaccurate information.
- Requests to copy the Society’s materials, where the Society is the clear copyright holder, constitute an agreement that permission is granted for one-time, non-exclusive, worldwide use of an image, document or item in all languages, in any media, for the life of the title, as well as use in advertising and promotional materials. This does not imply permission for any derivative products or productions. Permissions for materials that the Society holds copyright over are not transferable.
- UNAUTHORIZED PUBLISHING OR RESALE OF ANY IMAGE OR MATERIAL THAT THE SOCIETY HOLDS COPYRIGHT OVER IS PROHIBITED AND WILL BE PROSECUTED TO THE FULL EXTENT OF THE LAW.
Copyright and Conditions of Use
The copyright law of the United States (Title 17 United States Code) governs the making of reproductions of copyrighted material. Under certain conditions specified in the law, libraries and archives are authorized to furnish a reproduction. One of these specified conditions is that the reproduction is not to be “used for any purpose other than private study, scholarship, or research.” If a researcher uses a reproduction for purposes in excess of “fair use,” that researcher may be liable for copyright infringement.
Privacy and Publicity Rights
The user is solely responsible for addressing issues of privacy and publicity rights related to the use of the Society’s materials. Fair use is not a defense for violating privacy or publicity rights as the rights of privacy and publicity are distinct from copyright. Copyright laws protect the copyright owner’s property rights in the work, but privacy and publicity rights protect the interests of the individuals who are the subject of the work. While a person’s right to privacy usually ends with his or her death, it should be noted that publicity rights associated with any commercial value of that person’s name or image or likeness, continues after their death. Unlike copyright, which is subject to the Copyright Act of 1976, privacy and publicity rights are subject to state laws.
Disclaimer
In receiving a reproduction from the Society’s holdings, the user assumes all responsibility for infringement of copyright or other rights in the use of the material. The Society makes no warranties or representations and assumes no responsibility whatsoever for any claims against the applicant or the Society by artists, their agents, estates, or by any parties in connection with the reproduction of items in the collections of the Society.
Attribution
The name of the Nevada County Historical Society must not be used in any manner that incorrectly implies any sponsorship or endorsement by the Society. When you use reproductions from the Society’s collections, you must acknowledge the Society as the source of the material.
Disclaimers of Warranties and Limitations on Liability
THE SOCIETY SERVICES AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, ARE PROVIDED “AS IS” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. THE SOCIETY DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SOCIETY SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL THE SOCIETY, ITS SUBSIDIARIES, DIRECTORS, OFFICERS, OR EMPLOYEES BE LIABLE TO YOU FOR USE OF THE SOCIETY SERVICES FOR ANY DAMAGES WHATSOEVER.
Arbitration Agreement
You and the Society agree that any dispute, claim or controversy arising out of or relating in any way to the Society services, these Terms of Use shall be determined by binding arbitration or in small claims court. You agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and the Society are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement and the termination of your Society membership.
The arbitration will be governed by the Consumer Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms of Use, and will be administered by the AAA. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement.
YOU AND THE SOCIETY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and the Society agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding.
Miscellaneous
Governing Law – These Terms of Use shall be governed by and construed in accordance with the laws of the state of California, without regard to conflict of laws provisions. These terms will not limit any consumer protection rights that you may be entitled to under the mandatory laws of your state of residence.
Survival – If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.