PA-SHARE Subscription Service​ Terms and Conditions

Paid Service Terms

1. Acceptance of Terms. The Pennsylvania Historical and Museum Commission ("PHMC") provides this service to you (the "Subscriber") subject to the following terms of service ("TOS"), which may be updated by PHMC from time to time.  Review the most current version of these TOS. Your use of PA-SHARE as a subscriber constitutes your assent to these TOS and agreement to all such terms, conditions, policies and notices (collectively, the "Agreement").
2. The PA-SHARE Subscription Service. PHMC offers subscribers features and content not available in the free sections of pashare.pa.gov. Unless explicitly stated otherwise, any new features that augment or enhance the current PA-SHARE Subscription Service shall be subject to the TOS. You understand and agree that PA-SHARE Subscription Service is provided as is and that PHMC assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
3. Modifications to PA-SHARE. PHMC reserves the right at any time and from time to time to modify, suspend, or discontinue, temporarily or permanently, PA-SHARE Subscription Service (or any part thereof) with or without notice. You agree that PHMC shall not be liable to you or to any third party for any modification, suspension or discontinuance of PA-SHARE Subscription Service. PHMC may change, add or remove any part of this Agreement, or any other services associated with the use of PA-SHARE. Any changes shall become part of the Agreement and shall apply as soon as such a notice is posted. By continuing to use PA-SHARE Subscription Service after any changes, you are indicating your acceptance of those changes.
4. Fees and Payments. In order to use PA-SHARE Subscription Service you will be required to register and create an account. In order to set up an account with PA-SHARE Subscription Service you must provide PHMC with valid credit or debit card information. By submitting such credit or debit card information, you give PHMC permission to charge the subscription fee incurred through your account to the credit card you designate on the registration form. If payment cannot be charged to your credit card or your payment is returned to PHMC for any reason, including but not limited to charge back, PHMC reserves the right to either suspend or terminate your account and all its obligations under this Agreement. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your identification, password or any credit, debit or charge card number stored for PA-SHARE), you must promptly change your password and notify PHMC of the problem by notifying the resource account provided on PA-SHARE.
5. Registration and Maintenance of Account. As part of the registration and account creation process required to obtain access to PA-SHARE Subscription Service, you will provide PHMC with certain registration information, all of which must be accurate and remain current during the pendency of your subscription (if any of your registration information changes, you can update it by visiting your account page). You will be solely responsible for maintaining the confidentiality of your password and for all usage or activity on your PA-SHARE Subscription Service account.
6. Non-Transferable Subscription. The subscriber will identify themselves as a single user or a business, which is up to five users. A subscription may only be used for up to the maximum number of users per subscription. Any evidence that indicates the subscriber is exceeding these maximum number of users for that type of subscription may be used by PHMC to terminate the subscription. A subscription may not be sub-licensed, transferred, sold or assigned to any third party without written PHMC approval. Any attempt to do so will render the account null and void.
7. Renewal and Cancellation. PHMC will email you one month before the end of your subscription with an opportunity to renew your subscription by making an additional payment in PA-SHARE. You may opt out at any time. PHMC will cancel your account upon receipt of such notification from you and you will receive a prorated refund for the balance of your subscription term.
8. Third Parties and Links. Your correspondence or business dealings with any party found on or through PA-SHARE Subscription Service are solely between you and that party in accordance with the external linking policy. You agree that PHMC shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of parties found through PA-SHARE.
9. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF PA-SHARE SUBSCRIPTION SERVICE IS AT YOUR SOLE RISK. PA-SHARE SUBSCRIPTION SERVICE IS PROVIDED ON AN AS IS AND AS AVAILABLE BASIS. PHMC EXPRESSLY 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 AND NON-INFRINGEMENT.
10. LIMITATION OF LIABILITY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT PHMC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PHMC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE PA-SHARE; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON PA-SHARE; OR (iv) ANY OTHER MATTER RELATING TO PA-SHARE. WITHOUT LIMITING THE FOREGOING OR ANY OTHER LIMITATION OF LIABILITY IN THIS AGREEMENT, YOU AGREE THAT UNDER NO CIRCUMSTANCE SHALL THE LIABILITY OF PHMC UNDER THIS AGREEMENT EXCEED THE AMOUNT OF THE SUBSCRIPTION FEE PAID BY YOU.
11. Copyrights and Downloading. All materials available online on this site, including, without limitation, data, names, logos, trademarks, service marks, images, articles, graphics, photographs, illustrations, artwork, audio clips, video clips, software, and other elements making up PA-SHARE may be protected by copyrights and other intellectual property rights owned and controlled by PHMC, the Commonwealth of Pennsylvania, or by other parties that have licensed their material to PHMC. You may download or copy the above online materials for noncommercial personal use only, provided that you maintain all copyright and other notices contained therein. Copying or storing of any copyrighted materials provided through PA-SHARE Subscription Service for other than noncommercial personal use by you is expressly prohibited without prior written permission from PHMC or the copyright holder.
12. Non-Waiver, Severability. The failure of PHMC to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid or unenforceable, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of PA-SHARE Subscription Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
13. Indemnification. You agree to indemnify, defend and hold PHMC and the Commonwealth of Pennsylvania harmless from any claims and expenses, including reasonable attorneys' fees, arising from or related to any breach by you of any terms of this Agreement.
14. Comments, Materials, Messages.  Any comments, materials, or letters sent by you to PHMC regarding the site or its content, including questions, comments, suggestions, criticisms or the like ("Received Materials") shall be deemed to be non-confidential, free of any claims of proprietary or personal rights, and subject to the Pennsylvania Right-to-Know-Law, 65 P.S. § 67.101 et seq. PHMC shall have no obligation of any kind with respect to such Received Materials.
15. Entire Agreement. This Agreement constitutes the entire agreement between you and PHMC for the purpose of accessing PA-SHARE Subscription Service and governs your use of PA-SHARE.
16. Refusal of Service.  PHMC reserves the right to refuse or discontinue service to any user for non-compliance with these TOS.
17. Choice of Law. This Agreement shall be governed by and interpreted and enforced in accordance with the laws of the Commonwealth of Pennsylvania (without regard to any conflict of laws provisions) and the decisions of the Pennsylvania courts. The Subscriber consents to the jurisdiction of any court of the Commonwealth of Pennsylvania and any federal courts in Pennsylvania, waiving any claim or defense that such forum is not convenient or proper. The Subscriber agrees that any such court shall have in personam jurisdiction over it, and consents to service of process in any manner authorized by Pennsylvania law.