The Victory Horticultural Portal - A Community for Historical Research

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The Victory Seed Company

"Preserving the past, one seed at a time"

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The Web Site Use Terms, Conditions & Policy Page

 
 

We have created this page to disclose our information gathering and dissemination practices, as well as the other policies for this Web site.  Access to and use of any and all text, images and data files on the Victory Horticultural Portal Web site are subject to the following terms and conditions. By using this site, you agree to these terms and conditions. If you do not agree, please do not use the site.

[membership] [copyright] [ trademarks] [privacy] [disclaimer]


Membership Privileges [Note: Not Accepting Members at this time.]

By paying the subscription service fee, you are entitled to access specific protected areas of the web site.  These areas contain scans, documents and data that can be used for personal use.  All appropriate use rules in this document apply.  Your subscription supports this work by allowing us to continue to expand the content offered.  You are not purchasing rights to use this information other than described below.


Copyright

Copyright laws protect the software, documentation, electronic text, image files, data files, audio and video clips, and other material (Materials) on the Web site, including Web site design, text, graphics, the selection and arrangement thereof.  The Victory Seed Company retains all rights to these materials.

Individuals or organizations other than, or in addition to, the Victory Seed Company may hold copyright or other proprietary rights to materials on this Web site. For example, catalog page images supplied by supporters are the copyrighted work of those individuals. Such works may not be copied or downloaded without prior permission from the holder of the underlying copyright. The Victory Seed Company will, in appropriate circumstances, take action against users who infringe upon these intellectual property rights.

The materials on this Web site are available only for limited non-commercial, educational (teaching, scholarship, research, criticism, commentary and news reporting), and personal (non-commercial and domestic, by an individual involving the making of only a single copy of any one digital image) use, or for fair use as defined in the United States copyright laws (see below). Users may download these files for their own use, subject to any additional terms or restrictions that may apply to the individual file or program. Users must cite the author and source of the materials as they would for any printed work. The citations must include the URL, www.saveseeds.org.

Anyone wishing to use the materials from this site for purposes other than fair use as defined by law, must request and receive written approval from the Victory Seed Company at the address below. Permission is granted on a case-by-case basis at the sole discretion of the Victory Seed Company and may be subject to service fees. See the "Service Charges" page for a list of the fees.

The Victory Horticultural Portal
c/o The Victory Seed Company
PO Box 192
Molalla, OR  97038

The Victory Seed Company strictly prohibits the copying, display, publication, distribution, modification, or exploitation in any manner for commercial use, including commercial publication, or for personal gain of any of the Materials on this site without express permission.

You might ask, "Why do you have a copyright notice on really old illustrations?"  While true that many of the original materials in this collection may have long passed into the public domain, by the time we have scanned, cropped, cut out backgrounds, fixed broken lines, simplified, sharpened, and otherwise cleaned up the original works, the result is new. This new derivative work is protected by copyright even though the original is in the public domain.

Additionally, some of the information, articles and images on this site are copyrighted by others and presented here in accordance with Title 17 of the U.S. Code, Chapter 1, Section 107.

107. Limitations on exclusive rights: Fair use

Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include

  1. the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
  2. the nature of the copyrighted work;
  3. the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
  4. the effect of the use upon the potential market for or value of the copyrighted work.

The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.

For more information about copyright and intellectual property, please visit the Library of Congress Web site.


Trademarks

The saveseeds.org registered domain name (and other registered variants), the SaveSeeds.org logo, the Seedsman Hall of FameSM, and the name Victory Horticultural Portal SM , are the property of the Victory Seed Company. All other trademarks, service marks, product names and company names or logos cited herein are the property of their respective owners.


Privacy Statement

We have created this privacy statement in order to demonstrate our firm commitment to protecting your personal privacy.

We will not sell, or otherwise distribute, our customer mailing list.  Our mailing list is only used internally.

As a normal part of its functionality, the Web server software used at this site automatically generates a log (record) of the use of this Web site. These logs contain computer IP addresses, paths used to access the site, and other logistical information.  In addition to the logs, the sites forum software (phpBB) collects some limited personal information that is used for identification purposes in the operation of the forum.

The log is used for the general administration of this site and to generate statistical information on usage. Any interdepartmental records compiled from the logs will analyze usage by geographic references, and not by individual identification. Use of this site constitutes agreement to the recording of such information.

For site security purposes, our Web server software monitors network traffic for unauthorized attempts to upload or change information or otherwise cause damage. If such attempts are made, measures will be taken to deny access, and appropriate legal measures will be taken.


Disclaimer

Victory Seed Company is providing this site and its contents on and "As Is" basis and makes no representations or warranties, either expressed or implied, of any kind with respect to this site or its contents.  The Victory Seed Company does not represent or warrant that the information accessible via this site is accurate, complete or current.  This site could include technical or other mistakes, inaccuracies or typographical errors. All Materials on the Web site are provided "As is" without a warranty of any kind, either expressed or implied.

This site contains links to other Web sites that provide information or services that we think are of value to our visitors.  Although we carefully consider who we link to, please do not assume that these sites have the same beliefs or values regarding privacy, security, politics, etc.  The Victory Seed Company is not responsible for the privacy practices or the content of such Web sites.

Neither the Victory Seed Company nor any of its directors, employees or other representatives, including parties involved in the creation, production or delivery of this site, is responsible for any harm that results from your browsing or using the site. The Victory Seed Company assumes no responsibility and shall not be held liable for any damages to or viruses that may infect your computer equipment or other property on account of your use of the site or your downloading of any materials from the site.  This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.

The Victory Seed Company reserves the right to revise these Terms and Conditions from time to time by updating this page. You are subject to the most current version and periodically should visit this page to review the Terms and Conditions.

 
     

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