I. User’s Acknowledgement and Acceptance of Terms
The Beverly Willis Architecture Foundation (“BWAF”) provides the Dynamic National Archive (“DNA”) subject to compliance with all the terms and conditions contained herein (the “Terms of Use”).
By completing the registration process and/or using this website, the user (“You”) agrees to be bound by these Terms of Use. Your remedy for dissatisfaction with this website, or any content or other information available on or through this website, is to stop using the site.
We reserve the right to change these Terms of Use from time to time without notice to You. You acknowledge and agree that it is your responsibility to review this website and these Terms of Use periodically and to be aware of any modifications. Your continued use of this website after such modifications will constitute your agreement to the modified Terms of Use.
II. Statement of Purpose
The mission of BWAF is to expand knowledge and cultural recognition of women’s contributions to 20th-century American architecture and the built environment. The Dynamic National Archive is part of an ongoing project to catalog the names, biographies, and work of female architects and designers who have contributed to the development of the places and spaces of the United States.
The DNA is an open, collaborative effort and we invite you to participate.
The text of the DNA is copyrighted (automatically, under the Berne Convention) by DNA editors and contributors and is formally licensed to the public under the Creative Commons Attribution-NonCommercial-Sharealike 2.5 Generic License (CC BY-NC-SA 2.5). If You contribute text directly to the DNA, You thereby license it to BWAF and to the public for reuse under CC BY-NC-SA 2.5.
You retain copyright to materials You contribute to the DNA. When You contribute material to the DNA, You are not giving us exclusive use of it. You can later republish and relicense materials in any way You like. However, You can never retract or alter the license for copies of materials that You place here; these copies will remain so licensed until they enter the public domain when Your copyright expires.
You are solely responsible for the content You provide. Please be aware that the content is subject to continuous editing by the DNA community. It may be added to, subtracted from, rearranged, split into multiple articles, translated into other languages, and otherwise changed beyond Your expectations.
In submitting material to the DNA, You must comply with the following requirements:
- Never use materials that infringe on the copyrights, trademarks, patents, trade secrets or rights of privacy of others, or violate any confidentiality obligations You may have. This could create legal liabilities and seriously hurt the DNA. If in doubt, write the content Yourself, thereby creating a new copyrighted work which can be included in the DNA without trouble.
- Do not use the DNA to violate any applicable local, state, national or international laws, rules or regulations. Any attempt by any person to deliberately damage the DNA is a violation of civil and criminal laws.
- Do not post or link to content that is threatening, abusive, defamatory, libelous, derogatory, violent, harassing, bigoted, hateful, profane, obscene, lewd, lascivious, pornographic or otherwise objectionable, or that gives rise to civil or criminal liability.
- Do not post, link to, upload or transmit software that contains viruses, worms, time bombs, Trojan horses or other harmful or disruptive components.
- The BWAF has the right to move, remove, or edit any submitted content that violates the Terms of Use in any way.
IV. Reusers’ Rights and Obligations
Permission to reproduce and modify text on the DNA is granted to anyone anywhere by the authors of individual articles as a condition of posting content, as long as such reproduction and modification complies with the licensing terms.
Please note that the DNA is unable to verify the copyright status of content in articles, and should not be contacted with such requests (except in cases of suspected copyright infringement).
If You want to use other DNA materials in Your own books/articles/websites or other publications, please credit the DNA and, if used in electronic media, please provide a link to the page(s) You are reusing.
V. Removal of Copyright-Infringing Content
If You believe that material published on our website may infringe on your copyright or that of another, please email research@bwaf.org with your contact information and a link to the relevant content. Content found to be infringing on valid copyright will be immediately removed, and repeat violators will be terminated from using the website.
VI. Privacy Policy
Registration for a user account is not necessary to browse DNA content. However, only registered users will be permitted to submit new content and edit existing content.
When You voluntarily register for a user account, we ask You to supply some personal information about Yourself. An e-mail address, username and affiliation are requested. If there are any issues related to Your user account, we may use Your email address and username to contact You about the issues involved.
We do not sell or provide any personal information to third parties.
VII. Disclaimer of Endorsement
Reference to specific commercial businesses, products, processes, or services by trade name, trademark, manufacturer, or otherwise, on any website administered by BWAF does not constitute or imply its endorsement, recommendation, or favoring. BWAF’s presence on any third party site, including any social media platform, does not constitute or imply its endorsement of the site. Nor does BWAF endorse any social media provider when embedding media from a third party site. BWAF’s presence on these sites enhances the public’s ability to access to our collections and allows individuals to more easily obtain information about our programs and services.
VIII. External Links
We provide links from our web pages to external websites because they provide information that may interest our users. This is provided as a convenience only. External links do not constitute an endorsement by BWAF of the opinions, products, or services presented on the external site, or of any sites linked to it. BWAF does not control such sites and is not responsible for content posted on such sites. BWAF is not responsible for the legality or accuracy of information on
externally linked sites, or for any costs incurred while using externally linked sites. If You decide to access any of the third party sites linked to this website, You do so entirely at Your own risk.
BWAF reserves the right to review links and add or remove links at any time for any reason.
IX. Limitation of Liability
ALL MATERIALS ON THIS WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. IN NO EVENT SHALL BWAF BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ON ANY THEORY OF LIABILITY INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF BUSINESS, USE, DATA, REVENUE, PROFITS OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS WEBSITE, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICE WILL BE UNINTERRUPTED, TIMELY OR SECURE, (B) THE MATERIALS WILL MEET YOUR REQUIREMENTS, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY CONTENT, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THIS WEBSITE WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS, (E) THIS WEBSITE, ITS CONTENT, AND THE SERVER ON WHICH THE WEBSITE AND THE CONTENT ARE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
ANY MATERIAL (INCLUDING CONTENT) DOWNLOADED OR OBTAINED THROUGH THE USE OF THIS WEBSITE IS DONE AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL.
TO THE EXTENT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, PORTIONS OF THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY.
X. Indemnification
You agree to defend, indemnify, and hold BWAF, its officers, directors, employees and agents harmless from all liabilities, claims, and expenses, including attorney’s fees, that arise from or are related to (A) Your use or misuse of this website or (B) any submitted content, including without limitation, claims made by third parties for tort, breach of contract, false advertising, and copyright, trademark or patent infringement, even if such content is reviewed by BWAF prior to publication on the website.
XI. International Use
Although this website may be accessible worldwide, we make no representation that materials on this website are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this website from other locations do so on their own initiative and are responsible for compliance with local laws.
XII. Governing Law
The Terms of Use and claims related to the relationship between the parties are governed by Federal laws and the laws of the State of New York, without regard to the conflicts of laws principles thereof. You and BWAF agree to submit to the jurisdiction and venue of the New York State courts located in New York County, and the United States District Court for the Southern District of New York.
XIII. Notices
All notices to a party shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to director@bwaf.org, if by email or Director, Beverly Willis Architecture Foundation, 6 Barclay Street, 6th Fl., New York, NY 10007, if by conventional mail. Notices to You may be sent to the email address supplied for Your account. In addition, we may broadcast notices or messages through the website to inform You of changes to the site or other matters of importance, and such broadcasts shall constitute notice to You.
Any notices or communication under these Terms of Use will be deemed delivered to the party receiving such communication (A) five business days after the mailing date, if sent by US mail, return receipt requested or (B) on the delivery date if transmitted by confirmed email.
XIV. Entire Agreement
These Terms of Use constitute the entire agreement and understanding between us concerning the subject matter hereof and supersede all prior agreements and understandings of the parties with respect thereto.
XV. Waiver and Severability
BWAF’s failure to exercise or enforce any provision of these Terms of Use does not constitute a waiver of that provision. If one or more provisions of these Terms of Use are held invalid, illegal, or unenforceable by any court of competent jurisdiction, such holding will not impair the enforceability of the remaining provisions.
Prepared by Patricia Harris, Esq., Zetlin & De Chiara, LLC