Terms of Use

Last Updated: May 10, 2023

These Terms of Use (“Terms” or “Terms of Use”) constitute an agreement between you (“you” or the “user”) and the Science History Institute and its affiliates, subsidiaries or assigns (collectively, “Science History Institute,” “we,” “us” or “our”). This website, https://www.sciencehistory.org/, including https://digital.sciencehistory.org/ (collectively, the “Site”) is owned and operated by Science History Institute. The Science History Institute allows you to access and use this Site and our services, provided through the Site and offline (together, the “Services”), on the condition that you accept these Terms of Use.

These Terms of Use govern the relationship between you and the Science History Institute with respect to your use of our Site and Services. By accessing or using this Site or the Services (including the purchase of any products or programs offered on the Site (“Products”) and at our physical locations), you signify that you have read, understand, and agree to be bound by these Terms of Use. If you do not agree to accept these Terms of Use, you may not access or use this Site or the Services.

We reserve the right at any time to change: (i) the terms and conditions of these Terms of Use; (ii) this Site or the Services, including terminating, eliminating, supplementing, modifying, adding or discontinuing any content or feature or data or service on or available through this Site or the Services or the hours that they are available; (iii) any fees or charges, if any, related to the use of this Site or the Services; and (iv) the equipment, hardware or software required to use and access this Site or the Services.

Any changes we make to these Terms of Use will be effective immediately upon posting on this Site. Please return to this Site periodically to ensure you are familiar with the most current version of these Terms of Use.

1. YOU AGREE TO OUR PRIVACY POLICY

Please review our Privacy Policy. Our Privacy Policy is incorporated by reference in these Terms. By using the Services, you consent to and agree to be bound by the Privacy Policy.

When you use the Services, you also consent to receive communications from us electronically via the Services, email, or otherwise.

2. USE OF THIS SITE

If you access this Site from outside of the United States, you do so at your own risk and are responsible for compliance with local, national, or international laws. In particular, you understand that this Site, the Services or both may not be available in all countries and that you are responsible for ensuring that it is lawful for you to use this Site and receive the Services in your location.

Some countries may have laws that forbid participating in the activities we offer on the Site or Services. These restrictions might include a minimum age for using the Internet or entering into contracts like these Terms of Use. You are responsible for making sure you can use this Site and the Services in the location you reside in. Continuing to use the Site represents and warrants to us that you have verified that you are permitted to use the Site and Services in your jurisdiction.

3. MOBILE DEVICES

If you use a mobile device to access Services optimized for mobile viewing, the following additional terms (“Mobile Terms”) also apply to you. Accessing Services from your mobile device confirms your agreement to these Mobile Terms.

You may opt in to receive SMS text messages on your mobile device. Data received in connection with this text messaging service may include your mobile phone number, your carrier’s name, and the date, time, and content of your messages and other information you provide to Science History Institute as part of this service. We may use this information to contact you and provide the Services you request.

The Science History Institute will not be liable for any delays in the receipt of any text messages. Delivery is subject to effective transmission from your network operator. You are responsible for any mobile-related message or data charges, so please contact your mobile service provider for pricing and participation details.

4. ELIGIBILITY

You represent and warrant that you: (a) are above the legal age of majority in your jurisdiction of residence; (b) have not previously been suspended or removed from the Site or our Services; and (c) have full power and authority to enter into these Terms, and in doing so will not violate any other agreement to which you are a party.

5. CODE OF CONDUCT

You agree that you will not attempt to, nor permit any third party to, enter restricted areas of the Science History Institute’s computer systems or perform functions that these Terms do not authorize you to perform. You accept sole responsibility for all of your activities using the Site. You may not use the Site in a manner that:

(a) harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of any party (including but not limited to rights of publicity or other proprietary rights);

(b) is unlawful, fraudulent, or deceptive;

(c) uses technology or other means to access content or systems of the Science History Institute in a manner that is not authorized by the Science History Institute;

(d) uses any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way reproduce or circumvent the navigational structure or presentation of this Site, without the Science History Institute’s express prior written consent;

(e) uses or launches any automated system, including, without limitation, “robots,” “spiders,” or “offline readers,” to access content or systems of Science History Institute;

(f) uses tools which hack or alter this Site or the Services, or that allow you to connect to this Site’s or the Services’ private binary interface or utilize any interfaces other than those provided by us to you;

(g) attempts to introduce viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment;

(h) attempts to gain unauthorized access to the Science History Institute’s computer network;

(i) encourages conduct that would constitute a criminal offense or that gives rise to civil liability;

(j) violates these Terms or any other Science History Institute policies;

(k) attempts to damage, disable, overburden, or impair Science History Institute servers or networks;

(l) mirrors or frames any part of this Site without Science History Institute’s express prior written consent;

(m) fails to comply with applicable third-party terms; or

(n) constitutes any other inappropriate conduct, as determined by us in our sole discretion.

We reserve the right, in our sole discretion, to take any actions we deem necessary and appropriate to preserve the integrity of this Site and the Services.

6. USER CONTENT

In the event that the Site enables you to post any comments, suggestions, feedback, or other content (collectively, “User Content”), you are solely responsible for User Content that you post or upload on the Site. You acknowledge that you are bound to adhere to the Code of Conduct with respect to all User Content you post. We generally do not pre-screen any User Content before it reaches the Site, so you may be exposed to certain content that violates these Terms of Use.

By submitting User Content to the Site, you automatically grant the Science History Institute the royalty-free, perpetual, irrevocable, non-exclusive right and license, but not the obligation, to use, publish, reproduce, modify, adapt, edit, translate, create derivative works from, incorporate into other works, distribute, sub-license and otherwise exploit such User Content (in whole or in part) worldwide in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such User Content, without payment to you or to any third parties. With respect to any User Content you post on this Site, you agree that: (i) the Science History Institute and its affiliates have no obligation to you or anyone else concerning such User Content; (ii) such User Content is not confidential; (iii) the Science History Institute and its affiliates may use, disclose, distribute or copy such User Content (including any ideas, concepts or know-how contained in such User Content) for any purpose and without restriction or obligation to you or to anyone else during the term of the Terms of Use and afterwards; and (iv) such User Content is truthful and does not violate the legal rights of others.

If it is determined that you retain moral rights (including rights of attribution or integrity) in the User Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the User Content, or any derivative works of or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the User Content by the Science History Institute or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the User Content; and (d) you forever release the Science History Institute, and its licensees, successors and assigns, from any claims that you could otherwise assert against the Science History Institute by virtue of any such moral rights. You also permit any other user to access, view, store or reproduce the User Content for that user’s personal use.

7. OUR MATERIALS AND REPUBLICATION

The Science History Institute may make certain digital reproductions of materials, information, content, software, or other materials (including but not limited to intellectual property, database rights, graphics, designs, text, and logos) available to you from this Site from time to time (collectively, the “Content”). This Site (including its organization, presentation and Content) is the property of the Science History Institute and its licensors and may be protected by intellectual property laws including laws relating to copyrights, trademarks, trade names, internet domain names and other similar rights. The Science History Institute or its licensors own all related trademarks and logos, and you agree not to copy or use them in any manner except as permitted.

You are only permitted to republish Content in accordance with our Rights and Reproductions and Republication Guidelines, which are incorporated into these Terms. When you republish Content, you are responsible for complying with all applicable laws, including copyright and data privacy laws, and you agree that you will not violate the Science History Institute’s or any other party’s proprietary rights. Additionally, Content may carry tracking pixels that may, upon republication, become hosted by the republication website. You are responsible for complying with the republication website’s terms, policies, and guidelines, in addition to all applicable data privacy laws, in connection with these pixels.

The Content is for non-commercial, educational, nonprofit, and/or news use only. Programs, products, services, and goods discussed and/or marketed through the Site are not applicable to all individuals, schools, and educational situations. If you download, access or use any Content, you agree that such materials: (i) may only be used for your news or non-commercial use; (ii) may not be modified, used to create a derivative work, incorporated into any other work or otherwise exploited without the Science History Institute’s prior written permission; and (iii) shall only be used in compliance with any additional license terms accompanying such materials, including the Rights and Reproduction guidelines. Please note that permission to republish does not transfer the title or the intellectual property rights to the Content to you, and the Science History Institute retains full and complete title to the Content as well as all intellectual property rights therein.

8. Intellectual Property Infringement

The Science History Institute respects the intellectual property rights of others, and we ask you to do the same. The Science History Institute may, in appropriate circumstances and at our discretion, terminate service and/or access to this Site to users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on the Site and/or in the Services, please provide notice by mail to the Science History Institute, ATTN: Kevin Cavanaugh, Senior Vice President, Chief Administrative Office and Chief Financial Officer, 315 Chestnut Street, Philadelphia, PA 19106. The notice must include all of the following information:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Identification of the copyrighted and/or trademarked work claimed to have been infringed, or if multiple works at a single online location are covered by a single notification, a representative list of such works at that location.

Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Site, and information reasonably sufficient to permit the Science History Institute to locate the material.

Information reasonably sufficient to permit the Science History Institute to contact you as the complaining party, such as an address, telephone number, and, if available, an email address at which you may be contacted.

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 and/or trademark owner, its agent, or the law.

A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The Science History Institute’s agent for notice of claims of copyright or trademark infringement can be reached through the Contact Information provided below.

Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

Submitting a DMCA Counter-Notification

We will notify you that we have removed or disabled access to copyright-protected material that you provided if such removal is pursuant to a valid Digital Millennium Copyright Act, 17 USC Section 512 et seq. (“DMCA”) take-down notice that we have received. If you receive such notice from us, you may provide us with a written counter-notification by sending notice by mail to the Science History Institute, ATTN: Kevin Cavanaugh, Senior Vice President, Chief Administrative Office and Chief Financial Officer, 315 Chestnut Street, Philadelphia, PA 19106. The counter-notification must include all of the following information:

Your physical or electronic signature;

Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;

A statement from you, under penalty of perjury, that you have a good-faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and

Your name, physical address, and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which the Science History Institute may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

Termination of Infringers

The Science History Institute reserves the right, at its sole discretion, to terminate the access of any user of the Site who is the subject of DMCA or other infringement notifications.

9. AVAILABILITY

We cannot and do not promise that the Site or the Services will be uninterrupted, secure, or error-free. We reserve the right to interrupt/suspend this Site or the Services, or any part thereof, with or without prior notice for any reason.

10. ACCESS TO THE INTERNET

You are solely responsible for obtaining and maintaining all internet, computer hardware and other equipment needed to access and use this Site and the Services, and you shall be solely responsible for all charges and fees related thereto.

Please note that the Internet is not a fully secure medium and any communication may be lost, intercepted or altered. The Science History Institute is not liable for any damages related to communications to, or from, this Site or the Services.

11. CURRENCY OF SITE

The Science History Institute cannot guarantee or accept any responsibility or liability for the accuracy, currency or completeness of the information on this Site and the Services. We have the right, but not the obligation, to correct any errors, inaccuracies or omissions and to change or update this Site (including the Content) and the Services at any time, without prior notice to you.

12. LINKS TO OTHER SITES AND SERVICES

This Site or the Services may contain links to outside services and resources, the availability and content of which the Science History Institute does not control. The Science History Institute does not assume any responsibility or liability for the actions, products, and content of these and any other sites. Any concerns regarding any such services or resources should be directed to the service or resource. The inclusion of these links does not imply that the Science History Institute monitors or endorses these sites.

13. SECURITY

The Science History Institute makes no warranty whatsoever to you, express or implied, regarding the security of the Site, including with respect to the ability of unauthorized persons to intercept or access information transmitted by you through the Site. The Science History Institute is not responsible for any losses resulting from the loss or theft of your device, the loss or theft of your information transmitted from or stored on your devices, or any losses arising from the use of your device by someone whom you have given access. You are required to notify us of any unauthorized use of the Site by using the contact information in the “Contact Information” section below.

Due to technical difficulties with the Internet, internet software or transmission problems could produce inaccurate or incomplete copies of information contained on this Site or the Services. Due to the ability to share certain content and materials, computer viruses or other destructive programs may also be inadvertently downloaded from this Site or the Services. The Science History Institute recommends that you install appropriate anti-virus or other protective software.

THE SCIENCE HISTORY INSTITUTE SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY SOFTWARE, COMPUTER VIRUSES OR OTHER HARMFUL FILES OR PROGRAMS THAT MAY AFFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY FROM USING THIS SITE OR THE SERVICES.

14. SEVERABILITY/NO WAIVER

If any provision of these Terms of Use is found to be unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. The Science History Institute’s failure to enforce the strict performance of any provision of these Terms or the additional terms and conditions for any Product or Service will not constitute a waiver of our right to subsequently enforce such provision or any other provisions of these Terms or the additional terms and conditions.

Sections 12, 14, 15, 16, and 17 will survive any termination of these Terms of Use.

15. DISCLAIMERS: SITE, SERVICES AND MATERIALS PROVIDED “AS-IS”

THIS SITE, THE PRODUCTS, THE SERVICES AND THE SCIENCE HISTORY INSTITUTE MATERIALS ARE PROVIDED “AS IS,” “WHERE IS,” AND “WITH ALL FAULTS,” WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. SCIENCE HISTORY INSTITUTE DOES NOT REPRESENT OR WARRANT THAT THIS SITE, THE SERVICES, OR THE SCIENCE HISTORY INSTITUTE MATERIALS WILL MEET YOUR REQUIREMENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SCIENCE HISTORY INSTITUTE, OR THROUGH THE SITE SHALL CREATE ANY WARRANTY REGARDING THE SERVICES NOT EXPRESSLY STATED IN THESE TERMS. YOU UNDERSTAND AND ACKNOWLEDGE THAT ADDITIONAL DISCLAIMERS, LIMITATIONS, AND NOTICES REGARDING THE SERVICES AND ITS CONTENT AND DATA MAY BE PROVIDED BY THE SCIENCE HISTORY INSTITUTE FROM TIME TO TIME WITHIN THE SERVICES.

The Site and the Services were written in English (US). Any translated version of the Site, the Services, any content, or these Terms are provided solely for your convenience using third party translation services such as Google Translate. You understand and agree that the Science History Institute in no way controls or is responsible for the accuracy of such translations, and we make no guarantees as to the accuracy or contents of such translations.

YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. THE WEBSITE IS INTENDED FOR GENERAL INFORMATIONAL PURPOSES ONLY. WE MAKE NO REPRESENTATION OR WARRANTY REGARDING THE ACCURACY OF TRANSLATIONS OF THE SERVICES. PLEASE SEEK INDEPENDENT TRANSLATION SERVICES TO VERIFY ANY INFORMATION ON WHICH YOU RELY. NOTHING STATED, POSTED, OR AVAILABLE THROUGH ANY SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, AN OFFICIAL AND VERIFIED TRANSLATION OF THE SERVICES.

Please note that some jurisdictions do not allow the disclaimer of certain representations or warranties, so the disclaimer in this Section 15 will apply to you to the extent permitted by applicable law.

16. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SCIENCE HISTORY INSTITUTE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS, REVENUES, FINANCIAL LOSSES, OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF SCIENCE HISTORY INSTITUTE, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, FOR ANY CLAIM, COST, DAMAGE, OR LOSS ARISING OUT OF OR RELATING TO THE SERVICES, INCLUDING FOR ANY WARRANTIES THAT MAY NOT BE EXCLUDED, SHALL NOT EXCEED THE AMOUNT YOU PAID TO SCIENCE HISTORY INSTITUTE DURING THE TWELVE MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY OR FIVE ($5.00) DOLLARS USD, WHICHEVER IS GREATER (THE “LIABILITY CAP”). THE SCIENCE HISTORY INSTITUTE AND YOU AGREE THAT THE LIABILITY CAP SHALL INCLUDE ALL FORMS OF DAMAGES. THE CONSIDERATION BEING PAID TO THE SCIENCE HISTORY INSTITUTE UNDER THESE TERMS OF USE DOES NOT INCLUDE ANY CONSIDERATION FOR SCIENCE HISTORY INSTITUTE TO ASSUME ANY RISKS BEYOND THOSE EXPRESSLY ASSUMED HEREIN AND IF ANY SUCH RISKS WERE TO BE ASSUMED BY SCIENCE HISTORY INSTITUTE, SCIENCE HISTORY INSTITUTE WOULD NOT HAVE ENTERED INTO THESE TERMS OF USE WITHOUT CHARGING SUBSTANTIALLY HIGHER FEES.

Some jurisdictions do not allow the exclusion or limitation of liability for certain types of damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law.

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THIS SITE, THE PRODUCTS, THE SERVICES AND THE SCIENCE HISTORY INSTITUTE MATERIALS.

17. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless the Science History Institute from and against any actual or threatened suit, actions, proceedings (at law or in equity), claims, losses, obligations, demands, damages, deficiencies, judgments, settlements, costs, liabilities, and expenses (including reasonable attorney’s fees, costs, penalties, interest, and disbursements) arising from or related to your conduct with respect to (1) your use of, access to, or misuse of the Site or Services; (2) your breach (or alleged breach) of any of these terms of use; or (3) any activity using your email address and password by you or any other person accessing the Site or Services using your email address.

Please note that some jurisdictions limit the extent to which a party may indemnify another. As such, this provision will apply to you to the extent permitted by applicable law.

18. TERM & TERMINATION

The Science History Institute may, from time to time, but is in no way obligated to, permit you to access and use this Site and the Services in accordance with these Terms of Use and in the manner more particularly set out herein. You acknowledge and agree (i) that access to this Site and the Services may not be available from time to time, may be amended, revised, replaced, suspended or terminated in whole or in part at any time and without notice, and (ii) that the Science History Institute shall not, in any event, be responsible to you in any way should you be unable to access this Site and the Services at any time or from time to time. We may terminate these Terms of Use for convenience with no notice to you.

Upon termination of these Terms of Use, you shall immediately cease and desist from all use of this Site and the Services.

19. MISCELLANEOUS

These Terms constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used in these Terms shall not be given any legal import.

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Pennsylvania (without regard to provisions relating to conflicts of law), except as to copyright and trademark matters, which are covered by American federal laws. You agree that any legal action or proceeding between the Science History Institute and you for any purpose concerning these Terms or the parties’ obligations hereunder shall be resolved individually, without resort to any form of class action, exclusively in the United States District Court for the Eastern District of Pennsylvania, or, if there is not subject matter jurisdiction, in the courts of the State of Pennsylvania, and you agree to submit to the jurisdiction of these courts. You waive any venue, personal jurisdiction, and inconvenient forum objections or defenses to such courts.

These Terms of Use are not assignable, transferable, or sublicensable by you except with the Science History Institute’s prior written consent.

The Science History Institute may assign its rights and duties under these Terms of Use at any time without notice to you.

No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

20. CONTACT INFORMATION

If you need to contact us regarding this Site, the Services or these Terms of Use, please reach out to us at webmaster@sciencehistory.org, by phone at 215-925-2222, or at our Headquarters at 315 Chestnut Street, Philadelphia, PA 19106.