Content Subject to Copyright Laws
Digitized materials contributed to and displayed on the PGDA website are intended for the non-commercial use of students, scholars, and the public for educational and research purposes only.
All material included on the site is subject to copyright laws. Prior to using materials that you may have discovered on PGDA in any manner, you should first determine whether the material is protected by copyright or in the public domain. If the material is copyrighted, you should then obtain appropriate licenses or permissions from the copyright holder, or make an independent determination that your proposed use is covered by fair use or other applicable defenses to copyright infringement.
DMCA Takedown Policy
PGDA respects the intellectual property of others and expects users of the website to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement and wish to have the allegedly infringing material removed, please provide the following information in accordance with the Digital Millennium Copyright Act by email to us at hello [at] peoplesGDarchive.org:
- a physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
- a description of the copyrighted work that you allege has been infringed;
- a description 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;
- a description of where the material that you claim is infringing is located;
- your contact information, including your address, telephone number, and email address;
- statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Please note that pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact in a written notification automatically subjects the complaining party to liability for any damages, costs, and attorneys’ fees incurred by us in connection with the written notification and allegation of copyright infringement.
Copyright agent for PGDA:
c/o Letterform Archive
2339 3rd St., Ste 70
San Francisco CA 94107-3100
We reserve the right at all times, but are not obligated, to:
• take any action with respect to any user uploaded content that we deem necessary or appropriate in our sole discretion, including if we believe that such content violates the Community Guidelines or any provision in this agreement, or creates liability for PGDA or any other person.
• remove or reject any user content for any or no reason in our sole discretion.
• disclose any user content, your identity, or electronic communication of any kind to satisfy any law, regulation, or government request, or to protect the rights or property of PGDA or any other person.
• terminate or suspend your access to the PGDA website for any or no reason, including without limitation, any violation of this agreement. Without limiting the generality of the foregoing, it is PGDA’s policy to terminate the users of the website who are repeat infringers of intellectual property rights, including copyrights.
Limitation of Liability
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL PGDA OR ITS AFFILIATES, OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE PGDA WEBSITE, ANY THIRD-PARTY LINK, OR ANY CONTENT ON THE PGDA WEBSITE OR SUCH THIRD-PARTY LINK, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF USE, REVENUE, OR PROFIT, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF DATA, LOSS OF GOODWILL, OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT PGDA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE IS TO STOP USING THE WEBSITE.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
Changes to These Terms
PGDA can change this agreement from time to time without notice to you. Changes to the website are in PGDA’s sole discretion. The latest version of the agreement will be posted on the website and should be reviewed prior to accessing or using the website. All changes will be effective immediately when posted on the website and will apply to your use of and access to the website from that point onward.
Your continued use of or access to the website following any changes to this agreement shall constitute your acknowledgment of such changes and agreement to be bound by the terms and conditions of such changes. You should check this page frequently so that you are aware of any changes since they are binding on you.
You shall not assign or delegate any of your rights or obligations under this agreement without the prior written consent of PGDA. Any purported assignment or delegation in violation of this Section shall be deemed null and void. No assignment or delegation shall relieve you of any of your obligations hereunder. PGDA may freely assign or delegate its rights and obligations under this agreement at any time. Subject to the limits on assignment stated above, this agreement will inure to the benefit of, be binding on, and be enforceable against each of the parties hereto and their respective successors and assigns.
If any provision of these terms is deemed invalid, then that provision will be limited, or eliminated to the minimum extent necessary, and the remaining provisions of these terms will remain in full force and effect.
Except as otherwise set forth in this agreement, no failure of PGDA to exercise, or delay by PGDA in exercising, any right, remedy, power, or privilege arising from this agreement shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.