The Billiard Archive provides this website (billiardarchive.org) in support of its nonprofit purpose of preserving and disseminating historical billiard materials to further the understanding and appreciation of cue sports and their history by the public. BY ACCESSING THE BILLIARD ARCHIVE WEBSITE, YOU ACCEPT WITHOUT LIMITATION OR QUALIFICATION THESE TERMS AND CONDITIONS (the “Terms and Conditions”). BILLIARD ARCHIVE MAY REVISE THESE TERMS AND CONDITIONS AT ANY TIME, WHICH REVISIONS SHALL BIND YOU AS PERMITTED BY LAW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE EXIT THE BILLIARD ARCHIVE WEBSITE NOW AND REFRAIN FROM FURTHER USE.
The Billiard Archive is committed to protecting the privacy of its website visitors in accordance with applicable laws and regulations. All information gathered from you in connection with your use of The Billiard Archive website is governed by our Privacy Policy.
The names, titles, trademarks, service marks, and logos that appear on The Billiard Archive website are registered and unregistered marks of The Billiard Archive, including but not limited to The Billiard Archive (“Billiard Archive Trademarks”). You may not use The Billiard Archive without The Billiard Archive’s prior, written permission, unless such use is permitted by the applicable laws of fair use.
The trademarks of third parties may also appear on The Billiard Archive website from time to time; you may not use these trademarks without prior, written permission of their respective owners. You acknowledge and agree that nothing on The Billiard Archive website grants, expressly or implicitly, by estoppel or otherwise, any right or license to use any of The Billiard Archive Trademarks or may be construed to mean that The Billiard Archive has authority to grant any right or license on behalf of any third party trademark owner.
Much of the content on The Billiard Archive website is no longer in copyright and is therefore in the public domain. In general, material first published before 1928 is no longer in copyright in the United States. Public domain material may be freely copied and used by you for any purpose, provided that you do not violate any of these Terms of Use in obtaining or using such material. The Billiard Archive does not assert ownership over public domain materials. However, many images, text, software, documentation, electronic text and image files, audio and video files and clips, and other materials on The Billiard Archive website are protected by copyright laws and may be covered by other restrictions including for example, rights of privacy and publicity. The Billiard Archive retains all rights it may hold, including copyright, in data, image, text, descriptions, commentary and any other information contained its webpages. Copyrights and other proprietary rights in the material on this website may also subsist in individuals and entities other than, and in addition to, The Billiard Archive. Material that is not in the public domain may be downloaded and used by you only as permitted by the principles of fair use as expressed in 17 U.S.C. § 107, and as described below.
Fair use of copyrighted material includes the use of protected materials for noncommercial educational purposes, such as teaching, scholarship, research, criticism, commentary, and news reporting. Except as noted on the website, users who wish to download or print text, audio, video, images and other files from The Billiard Archive website for such uses are welcome to do so without The Billiard Archive’s express permission. In accordance with scholarly practice, users of materials (whether copyrighted or not) in publications, etc., should cite the author/artist as well as the source; the citation should include the URL “http://www.billiardarchive.org.”
By downloading, printing, or otherwise using text, audio, video, images and other files from The Billiard Archive website, whether accessed directly from this website or via other sites or mechanisms, users agree that they will limit their use of such files to fair use, and will not violate The Billiard Archive’s or any other party’s proprietary rights.
Unauthorized downloading, publication or exploitation of The Billiard Archive’s files for commercial purposes (except for public domain materials) is specifically prohibited. Anyone wishing to use any of these files or images for commercial use, publication, or any purpose other than fair use as defined by law, must request and receive prior permission. All requests to reproduce materials from The Billiard Archive that are not in the public domain should be addressed to curator@billiardarchive.org.
You agree that you will not use any robot, bot, spider, or other automatic device or manual process to monitor or copy The Billiard Archive materials without prior express written permission. Notwithstanding the foregoing, spidering the site purely for the purpose of producing indexes or finding aids to enable the public to locate The Billiard Archive materials is permitted. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
All rights not expressly granted by The Billiard Archive herein are specifically and completely reserved. Nothing on The Billiard Archive website or in these Terms and Conditions grants, expressly or implicitly, by estoppel or otherwise, any right or license to use any content or property of any third party, or may be construed to mean that The Billiard Archive has authority to grant any right or license on behalf of any third party.
The Billiard Archive respects the intellectual property of others, and asks users of The Billiard Archive website to do the same. The Billiard Archive may, in appropriate circumstances and at its discretion, take reasonable steps to disable and/or terminate access to The Billiard Archive website of users who may be repeat infringers of copyright. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the following information to curator@billiardarchive.org:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;
a description of the copyrighted work that you claim has been infringed;
a copy of your copyright registration certificate for the work;
a description of where the material that you claim is infringing is located on The Billiard Archive website (note that the URLs of all items on the site have an item number as suffix. Please use that number);
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
By using The Billiard Archive website in any manner, you represent and warrant that your use will be consistent with these Terms and Conditions. You agree to indemnify, defend, and hold The Billiard Archive, its affiliates, trustees, directors, officers, employees, or agents harmless from all claims, causes, costs, expenses, fees (including reasonable attorneys’ fees), judgments, liabilities, losses, and damages arising from or relating to your use of The Billiard Archive website.
THE BILLIARD ARCHIVE PROVIDES THE SITE ON AN “AS IS” BASIS. YOUR USE OF THE SITE, CONTENT, AND COMPILATION IS AT YOUR OWN RISK. THE BILLIARD ARCHIVE DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COPYRIGHT OWNERSHIP AND/OR NONINFRINGEMENT OF COPYRIGHTS OR OTHER THIRD PARTY PROPRIETARY RIGHTS. THE BILLIARD ARCHIVE DOES NOT WARRANT THAT THE SITE WILL PROVIDE CONTINUOUS, PROMPT, SECURE, OR ERROR-FREE SERVICE. THE BILLIARD ARCHIVE MAKES REASONABLE, ONGOING EFFORTS TO REVISE AND UPDATE THE SITE, BUT ASSUMES NO LIABILITY FOR ANY ERRORS OR OMISSIONS, INCLUDING THE INACCURACY OF CONTENT, OR FOR ANY DAMAGES OR LOSSES THAT YOU OR ANY THIRD PARTY MAY INCUR AS A RESULT OF THE UNAVAILABILITY OF THE SITE. THE BILLIARD ARCHIVE ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES MAY AFFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ARISING FROM YOUR USE OF THE SITE, INCLUDING BUT NOT LIMITED TO THE REPRODUCTION OF THE CONTENT OR COMPILATION.
NEITHER THE BILLIARD ARCHIVE, ITS AFFILIATES, TRUSTEES, DIRECTORS, CURATORS, OFFICERS, EMPLOYEES, OR AGENTS SHALL HAVE ANY LIABILITY FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, COMPENSATORY, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM OR RELATED TO YOUR USE OF THE SITE, CONTENT, AND/OR COMPILATION.
You acknowledge and agree that in the event any provision of these Terms and Conditions shall be held by an arbitrator or a court of competent jurisdiction to be invalid, unlawful, or unenforceable, in any respect, the validity, legality, and/or enforceability of the remaining terms and conditions contained herein shall not in any way be affected or impaired thereby. In such event, the parties agree that such invalid term(s) or condition(s) shall be validly reformed by the court to as near approximate the intent of the parties as reflected in the provision, and if unreformable, shall be severed and deleted from these Terms and Conditions. The Billiard Archive’s failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision unless agreed to in writing by The Billiard Archive.
These Terms and Conditions and any counterparts, amendments, or revisions thereto shall be governed and construed in accordance with the laws of Pennsylvania, without regard to principles of conflicts of laws. Any dispute with The Billiard Archive shall be resolved exclusively by binding arbitration under the rules of the American Arbitration Association, and you agree that such arbitration shall take place in Pittsburgh, Pennsylvania. Any suit, action, or proceeding other than arbitration arising out of or related to this Agreement shall be brought in any Federal or State court located in Allegheny County, Pennsylvania, and the parties hereby waive any objection that they may have to personal jurisdiction or venue in these courts.
To contact The Billiard Archive for any purpose, please send email to curator@billiardarchive.org.
These Terms and Conditions are the complete statement of the agreement of the parties with respect to the subject hereof and supersede all prior agreements and understandings between the parties hereto with respect to the subject hereof. In order to be binding, any amendment or modification of this Agreement must be effected by an instrument in writing signed by the parties.