Terms of Use

Welcome to the Texas State Historical Association store website. The following Terms are the rules governing the use of this site. By using this site, you expressly agree to be bound by these Terms and all applicable laws that regulate this site. Please check this page periodically as TSHA reserves the right to change these Terms at any time, effective immediately upon posting such changes on the site. Changes will be identified by a footnote on this Terms of Use page. The footnote will remain posted for thirty calendar days subsequent to any change. Should you violate any of TSHA's Terms or any applicable law, TSHA reserves the right to terminate your use of this site, bar you from future use and cancel any purchases made via the site. TSHA also reserves the right to take any appropriate legal action against you for such violations.

PROHIBITED CONTENT

The following is a partial list of the kind of postings or content that is prohibited on this site. This list is not exhaustive, but is meant to provide a guideline for acceptable use. Prohibited content includes that which is:

  • patently offensive to a reasonable person, including that which promotes bigotry, racism, hatred, or any violence or physical harm to any one or group of people or could be harmful to minors
  • involves or facilitates spamming
  • promotes an illegal or unauthorized copy of another person's copyrighted work
  • contains restricted or password only access pages or hidden pages or images not linked to or from another accessible page
  • pornographic or sexually explicit material, including material that exploits minors (persons under the age of 18) in a sexual or violent way
  • solicits information from any minor
  • enables or provides instruction as to illegal activities
  • solicits personally identifiable information or passwords for commercial or unlawful purposes
  • engages in commercial activities without the express permission to do so

LIMITATIONS ON LIABILITY

The validity and effect of any agreement or purchase made via this site shall be governed, construed, and enforced in accordance with the laws of the State of Texas, United States of America, without regard or giving force and effect to the principles of conflicts of laws of Oklahoma or any other state, to which jurisdiction and venue you expressly agree to. Any action to interpret or enforce this agreement shall be brought in a court of competent jurisdiction.

INDEMNITY

You agree to hold the TSHA Board of Director officers, TSHA, its subsidiaries, affiliates, officers, employees and other agents harmless for any loss, liability, claim, or demand made by any third party arising from your use of this site.

COPYRIGHT

All content included on this site, such as text, graphics, logos, button icons and images, is our property or the property of our content suppliers and protected by United States and international copyright laws. All software used on this site is our property or the property of our service provider or its suppliers and protected by United States and international copyright laws.

LICENSE AND SITE ACCESS

We grant you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with our express written consent. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) without our express written consent. You may not use any meta tags or any other "hidden text" utilizing our name or trademarks without our express written consent. Any unauthorized use terminates our permission or license.

COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

Visitors may submit reviews, suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead to the origin of the content. We reserve the right (but not the obligation) to remove or edit such content.

If you do post content or submit material, and unless we indicate otherwise, you grant us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant us and our sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify us and Amazon for all claims resulting from content you supply. We have the right but not the obligation to monitor and edit or remove any activity or content. We take no responsibility and assume no liability for any content posted by you or any third party.

PRODUCT DESCRIPTIONS

We attempt to be as accurate as possible. However, we do not warrant that product descriptions or other content of this site are accurate, complete, reliable, current, or error-free. If a product is not as described, your sole remedy is to return it in unused condition.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.