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Digital Highway Inventory Photography Program
(DHIPP) Copyright Information
TERMS AND CONDITIONS OF USE
By accessing or using this Site in any way, including, without limitation, use of any of the Services, downloading of any Materials, or merely browsing the Site, you agree to and are bound by the Terms of Use.
AUTHORIZED USE
This system is operated by the Department of Transportation and is for official use only. Unauthorized Access, Unauthorized Attempted Access, or Unauthorized Use of any State computing system is in violation of Section 502 of the California Penal Code and/or applicable Federal Law, and will be subject to prosecution.
ACCEPTANCE OF TERMS
State of California, Department of Transportation (the “Department”) makes this Website (the “Site”) including all information, documents, communications, files, text, graphics, digital imagery, software, and products available through the Site (collectively, the “Materials”) and all services operated by the Department and third parties through the Site (collectively, “the Services”), available for your use subject to the terms and conditions set forth in this document and any changes to this document that the Department may publish from time to time (collectively, the “Terms of Use”).
COPYRIGHT STATEMENT
The contents of all Materials available on any page within this Site are the sole property of the Department, protected by Copyright and may be covered by other restrictions as well. Title to copyright in the Materials will at all times remain with the Department. All rights are reserved by the Department, and unless specifically authorized within the text of this Site. The Materials are made available for internal California Department of Transportation use only, as an aid in the planning, design, operation and maintenance of the state highway system. For these purposes you may (print, make photocopies, or download) materials from this web site without prior permission on the condition that you provide proper attribution of the source in all copies by placing the following in a conspicuous place on every copy: Copyright (insert four-digit year), California Department of Transportation. This site, DHIPP imagery, or exported imagery shall not be shared outside the Department without prior approval from the Division of Engineering Services, Office of Photogrammetry. Copying or redistribution in any manner for commercial use, including commercial publication, or for personal gain is strictly prohibited. You may not use any content contained in the Materials in any manner that may give a false or misleading impression or statement as to the Department or any third party referenced in the Materials. Nothing in this Site shall be construed as conferring any license under the Department’s intellectual property rights, whether by estoppels, implication or otherwise.
DISCLAIMER AND LIMITATION ON LIABLITY
(A) DISCLAIMER OF WARRANTIES
THIS SITE IS PROVIDED “AS IS” OR “AS AVAILABLE” WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF THE MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE DEPARTMENT SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST REVENUES, LOST PROFITS, OR LOSS FROM PERSPECTIVE ECONOMIC ADVANTAGE, RESULTING FROM THE USE OR MISUSE OF THIS WEBSITE, OR THE INFORMATION, DOCUMENTS, OR SOFTWARE HEREIN, EVEN IF THE DEPARTMENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANOTHER PARTY, BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABLLITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY. THE DEPARTMENT DOES NOT WARRANT THAT THIS SITE WILL BE UNINTERRUPTED OR FREE OF INACCURACIES
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OR ERRORS, NOR DOES THE DEPARTMENT WARRANT THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. THE DEPARTMENT ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE 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.
(B) LIMITATION ON LIABILITY
The references and descriptions of Materials or Services within the Site materials are provided “As is” or “As Available” without any warranty of any kind, express or implied. The Department is not liable to any party for any cost or damages, including any direct, indirect, special, incidental, or consequential damages, arising out of or in connection with the access or use of, or the inability to access or use, the Site or any of the Material or Services described herein.
The possibility exists that unauthorized additions, deletions and alterations could be made by other parties to the Site. Although the Department tries to insure the integrity and accuracy of the Site, it makes no guaranties as to the correctness or accuracy of the information on the Site.
Not all Materials or Services discussed in the Site are available to persons or in all geographic locations. The Department reserves the right to limit the provision of its Materials or Services to any person, or geographic areas it so desires, and to limit the quantities of any Materials or Services that it provides. Any offer for any type of Material or Service made in the Site is void where prohibited.
RIGHT TO CHANGE TERMS AND CONDITIONS
The Department reserves the right to change the Terms of Use and other guidelines or rules posted on the Site from time to time at its sole discretion, and will provide notice of material changes on the home page of the Site. Your continued use of the Site, or any Materials or Services accessible through it, after such notice has been posted constitutes your acceptance of the changes. Your use of the Site will be subject to the most current version of the Terms of Use, rules and guidelines posted on the Site at the time of such use. You agree to use the Site, the Materials, Services and products on the Site or accessible via the Site only for lawful purposes. If you breach any of the Terms of Use, your authorization to use this Site automatically terminates, and any Materials downloaded or printed from the Site in violation of the Terms of Use must be immediately destroyed.
RIGHT TO CHANGE CONTENT
The Department reserves the right to change, suspend or discontinue any aspect of the Site at any time, including the availability of any of the Site features, database, or Content and will provide reasonable notice of such changes on the Site. The Department may also impose limits on features or limit access to parts of the Site. The Department may terminate user access or suspend any user’s access to the Site without notice for any reason that The Department, in its sole discretion, believes violates the applicable law or is harmful to The Department, any of its members, or a third party licensor.
INDEMNITY AND LIABILITY
You agree to indemnify and hold the Department, and its affiliates, offices, agents, consultants and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of content you submit, post to, or transmit through the Site, your use of the Site, your connection to the Site, your violation of the Terms of Use, or your violation of any rights of another person or entity.
GOVERNING LAW AND JURISDICTION
This Site (excluding linked sites) is controlled by the Department from its offices within the state of California, United States of America. By accessing this Site, you and the Department agree that all matters relating to your access to, or
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use of, this Site shall be governed by the statutes and laws of the State of California, without regard to the conflicts of laws
principles thereof. You and the Department also agree and hereby submit to the exclusive personal jurisdiction and venue of the Superior Court of Sacramento County and the United States District Court for the Eastern District of California with respect to such matters.
ACKNOWLEDGEMENT OF TERMS AND CONDITIONS OF USE
By using this Site you acknowledge the terms and conditions of use and you agree to the terms and conditions thereof. The Site shall be used for internal California Department of Transportation use only, as an aid in the planning, design, operation and maintenance of the state highway system. This site, DHIPP imagery, or exported imagery shall not be shared outside the Department without prior approval from the Division of Engineering Services, Office of Photogrammetry pursuant to these terms and conditions of use. This Site and the contents hereof are proprietary products of the Department. Contents of this Site may not, in whole or in part be disseminated, entered into a computer database, used as a part of or in connection with a mailing list, or otherwise utilized, in any form or manner or by any means, except as described herein.
You agree to read these terms and conditions of use carefully before using the Site. If you do not agree to the use terms, you may not access or otherwise use the Site. The Department reserves the right to change the terms, conditions and notices under which this Site is offered.
I agree to the above “Terms and Conditions of Use”
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Signature Date
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Print Name
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