Policy

Terms of Use

Please read carefully these terms of use (“Terms”), which apply to your use of the Places Journal website (“Website”), including the products and services provided through the Website. By using the Website you signify that you have read, understand, and agree to be bound by these Terms, which constitute a legal agreement between you and The Design History Foundation, doing business as Places Journal (“Us” or “We”). From time to time, we may modify this agreement by posting updated Terms on this web page. Your continued use of the Website indicates that you have read, understood, and agreed to the modified Terms.

Our Privacy Statement is incorporated in these Terms of Service.

1. Copyright and Reprints

The content on the Website, including but not limited to text, photographs, images, videos, audio files, and software, (collectively, the “Content”) is protected by United States and international copyright laws and other intellectual property laws. It is intended for your personal, noncommercial use. You may not duplicate, modify, publish, reproduce, distribute, or in any way exploit the Content, in whole or in part, without the express written consent of the copyright holder(s) of the respective work. If you wish to inquire about permission to reprint, translate, or excerpt an article, notify us at [email protected]

2. Liability for the Content

You acknowledge that Places Journal does not make any representations or warranties about the Content, including without limitation, about its accuracy, integrity, or quality. You understand that by using the Website, you may be exposed to Content that is offensive, indecent, or objectionable. Under no circumstances is Places Journal liable in any way for any Content, including, but not limited to: any infringing Content, any errors or omissions in Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted to, linked to, or otherwise accessible or made available via the Website.

3. Submissions to Places Journal

By submitting Content to the Website, including but not limited to essays, articles, and photographs, as well as user-generated content such as topical reading lists (collectively, “Submissions”), you are consenting to its display and publication on the Website, and to its transmission and republication in other forms. You acknowledge that your Submissions may be edited and modified by Places Journal, and you waive any rights you may have in having the Content altered or changed in a manner not agreeable to you. You grant Places a perpetual, nonexclusive, worldwide, royalty-free license to the Submissions, which includes without limitation the right for Places Journal to use, copy, transmit, excerpt, publish, distribute, creative derivative works of, host, index, cache, tag, encode, modify, and adapt your Submissions.

You may only submit Content to the Website that you have the right to submit. This means that you can only submit Content that you yourself create, that is in the public domain, or that you have been expressly granted the right to submit. You warrant that no Submission violates or infringes upon the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights, or contains libelous, defamatory, or otherwise unlawful material. Places Journal may, but is not obligated to, review your Submissions and may delete or remove (without notice) any Content that Places Journal, in its sole discretion, determines violates the Terms or that may be offensive, illegal, or that might violate the rights, harm or threaten the safety of others. Places Journal does not endorse or support any Content posted by you or any other third party on or through the Website. You alone are responsible for creating backup copies of your Submissions. You may request the removal of your Content from the Website at any time, and we will take reasonable steps to promptly remove such Content.

4. Privacy Statement

Places Journal is committed to handling responsibly the information and data we collect about you through our Website, whether personal information or non-personal browsing and site usage data. We collect personal information such as the following:

  • When you sign up to receive updates from Places Journal or register a user account, or when you provide personal information in connection with your participation in any of our public events, we may collect your name and email address. We use this to send you communications about Places Journal and our programs. We may share this subscription data with our email marketing provider, MailChimp, and with our social media providers — Facebook, Twitter, Instagram, and LinkedIn — in order to communicate with you on those platforms, including through the use of targeted ads.
  • When you donate money or purchase a product, we collect your name, email address, billing address, and payment information. All credit card information is gathered and stored by Stripe.com or Paypal.com, and we do not view your credit card number. When you donate money to Places Journal, your name may be published on our donors page unless you request otherwise.
  • When you create a registered user account, you provide personal information to create your account and establish a password and profile. You may create a topical reading list where you can voluntarily post personal information for public viewing. The information that you submit is posted by you at your discretion (although subject to these Terms). Any personal information you publish may be used by anyone who views that information for any lawful purpose.

In general, it is not our practice to disclose personal information to third parties. We may share personal information in three instances: First, we may share personal information with our contractors and service providers in order to maintain, enhance, or add to the functionality of the Website, or to communicate with you on social media platforms as described above. Second, we may share personal information with collaborators or co-sponsors of events and programs of Places Journal so that they may help us notify you of those events and programs. Third, we may disclose your personal information to third parties in a good faith belief that such disclosure is reasonably necessary to (a) take action regarding suspected illegal activities; (b) enforce or apply our Terms; (c) comply with legal process, such as a search warrant, subpoena, statute, or court order; or (d) protect our rights, reputation, and property, or that of our users, affiliates, or the public.

4a. Data Usage Policy

When you use the Website, our servers (which may be hosted by a third party service provider, in the United States or anywhere in the world) may collect information indirectly and automatically (through, for example, the use of your “IP address”) about your activities while visiting the Website and information about the browser and device you are using. We do not link browsing information or information from our server logs to the personal information you submit to us. Additionally, the Website may include code that enables third parties to use cookies, web beacons, and similar technologies to collect or receive information from the Website and elsewhere on the internet and use that information to provide measurement services and targeted ads.

Users can opt out of the collection and use of information for ad targeting. Learn more at www.aboutads.info/choices. Users can opt out of Google Analytics data collection at tools.google.com/dlpage/gaoptout.

4b. Security of Personal Information

We have implemented reasonable measures to protect against unauthorized access to and unlawful interception or processing of personal information that we store and control. However, no website can fully eliminate security risks. Third parties may circumvent our security measures to unlawfully intercept or access transmissions or private communications. We will post a reasonably prominent notice to the Website if we are aware of any such security breach.

5. User Conduct

You agree not to:

a. Post or transmit Content that you do not have the right to post or use, for example, under intellectual property, confidentiality, privacy, or other applicable laws;

b. Post or transmit unsolicited or unauthorized Content, including advertising or promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of unsolicited or unwelcome solicitation or advertising;

c. Post or transmit Content that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment or otherwise interfere with or disrupt the Website or servers or networks connected to the Website, or that disobeys any requirements, procedures, policies, or regulations of networks connected to the Website;

d. Post or transmit Content that is harmful, offensive, obscene, abusive, invasive of privacy, defamatory, hateful or otherwise discriminatory, false and misleading, incites an illegal act, or is otherwise in breach of your obligations to any person or contrary to any applicable laws and regulations;

e. Intimidate or harass another;

f. Use or attempt to use another’s account, service, or personal information;

g. Remove, circumvent, disable, damage, or otherwise interfere with any security-related features that enforce limitations on the use of the Website;

h. Attempt to gain unauthorized access to the Website, other accounts, computer systems or networks connected to the Website, through hacking password mining or any other means or interfere or attempt to interfere with the proper working of the Website or any activities conducted through the Website;

i. Use any means to bypass or ignore robots.txt, or other measures we use to restrict access or use of the Website;

j. Impersonate another person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; or

k. Post or transmit any personally identifiable information about persons under 13 years of age.

By registering for an account on the Website, you warrant that you are the age of majority in your jurisdiction, or are over the age of 13 and have the express permission of a legal guardian to become a registered user and use services made available to registered users, and you further agree to abide by all the Terms. You agree to (a) provide accurate, current, and complete information about you, if and as may be prompted by the registration process on the Website, (b) maintain the security of your password and identification, (c) maintain and promptly update your registration information and any other information you provide to Places Journal, and to keep it accurate and complete, and (d) be fully responsible for all use of your account and for any actions that take place using your account.

Places Journal reserves the right to modify or discontinue the accounts of registered users and related services at any time. Places Journal disclaims any and all liability to registered users and third parties in the event Places Journal exercises its right to modify or discontinue user accounts or related services. In addition, Places Journal may, at any time: (a) modify, suspend, or terminate the operation of or access to your user account for any reason; (b) modify or change the Website and any applicable Terms and policies governing your user account and the related Website for any reason; and (c) interrupt user accounts and the related Website for any reason, all as Places Journal deems appropriate in its discretion. Your access to your account, and use of the related Website may be terminated by you or by Places Journal at any time and for any reason whatsoever, without notice. In addition, we reserve the right to delete and purge any account and all Content associated therewith following any prolonged period of inactivity, all as may be determined by Places Journal in its complete discretion.

6. Copyright Complaints; DMCA Compliance

We abide by the federal Digital Millennium Copyright Act (DMCA) and will respond to notices of alleged infringement that comply with the DMCA and other applicable laws. As part of our response, we may remove or disable access to material residing on the Website that is claimed to be infringing, in which case we will make a good-faith attempt to contact the person who submitted the affected material so that they may make a counter notification, also in accordance with the DMCA.

We do not control content hosted on third party websites, and cannot remove content from sites we do not own or control. If you are the copyright owner of content hosted on a third party site, and you have not authorized the use of your content, please contact the administrator of that website directly to have the content removed.

Before serving either a Notice of Infringing Material or Counter-Notification, you may wish to contact a lawyer to better understand your rights and obligations under the DMCA and other applicable laws. The following notice requirements are intended to comply with Places Journal’s rights and obligations under the DMCA and do not constitute legal advice.

To file a notice of infringing material on the Website, please provide a notification containing the following details:

a. Reasonably sufficient details to enable us to identify the work claimed to be infringed or, if multiple works are claimed to be infringed, a representative list of such works (for example: title, author, URL);

b. Reasonably sufficient detail to enable us to identify and locate the material that is claimed to be infringing (for example a link to the page that contains the material);

c. Your contact information so that we can contact you (for example, your address, telephone number, email address);

d. A statement that you have a good faith belief that the use of the material identified in (b) is not authorized by the copyright owner, its agent, or the law;

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

f. Your physical or electronic signature.

Then send this notice to: [email protected] or Places Journal, 912 Cole Street, #171, San Franciso, CA 94117.

If material that you have posted to the Website has been taken down, you may file a counter-notification that contains the following details:

a. 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 disabled;

b. A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material in question;

c. Your name, address and telephone number;

d. A statement that you consent to the jurisdiction of the Federal District Court in which your address is located or, if your address is outside of the USA, for any judicial district in which Places Journal may be found and that you will accept service of process from the person who submitted a notice in compliance with the section (c)(1)(C) of the DMCA, as generally described above;

e. Your physical or electronic signature.

f. Then send this notice to:

Then send this notice to: [email protected] or Places Journal, 912 Cole Street, #171, San Francisco, CA 94117.

7. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW, PLACES JOURNAL OFFERS THE WEBSITE AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE WEBSITE, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. PLACES JOURNAL DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED ON THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PLACES JOURNAL DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE OR THE RESULT OF USE OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE.

8. Limitation of Liability

EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW AND THEN ONLY TO THAT EXTENT, IN NO EVENT WILL PLACES JOURNAL, ITS EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES OR AGENTS (“THE PLACES JOURNAL PARTIES”) BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, COST OF SUBSTITUTE GOODS OR SERVICES, OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY THAT ARISE IN CONNECTION WITH THE WEBSITE OR SERVICES (OR THE TERMINATION THEREOF FOR ANY REASON), EVEN IF THE PLACES JOURNAL PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE PLACES JOURNAL PARTIES SHALL NOT BE RESPONSIBLE OR LIABLE WHATSOEVER IN ANY MANNER FOR ANY CONTENT POSTED ON THE WEBSITE (INCLUDING CLAIMS OF INFRINGEMENT RELATING TO CONTENT POSTED ON THE WEBSITE, FOR YOUR USE OF THE WEBSITE, OR FOR THE CONDUCT OF THIRD PARTIES ON THE WEBSITE).

9. Indemnification for Breach of Terms of Use

You agree to indemnify and hold harmless the Places Journal Parties from and against any and all loss, expenses, damages, and costs, including without limitation reasonable attorneys fees, resulting, whether directly or indirectly, from your violation of the Terms. You also agree to indemnify and hold harmless the Places Journal Parties from and against any and all claims brought by third parties arising out of your use of any of the Website and the Content you make available via the Website by any means, including without limitation through a posting, a link, reference to Content, or otherwise.

Attribution

These Terms are adapted from the Terms of Use, Privacy Policy, and Data Usage Policy of the Creative Commons Corporation. They are used under the Creative Commons Attribution 4.0 International License.

These Modified Terms of Use are Effective as of August 24, 2016.