Effective date: March 8, 2026

Agreement to Terms

By using the services, programs, website, events, collections, facilities, or materials of the Ovilla Texas Historical Society (“we,” “us,” or “Society”), you agree to these Terms and Conditions (“Terms”). If you do not agree, do not access or use our services, website, collections, or facilities.

Ownership and Intellectual Property

All content provided by the Society — including text, images, photographs, scans, audio, video, oral histories, metadata, digitized archives, research guides, maps, designs, logos, and layout (collectively, “Society Content”) — is owned or licensed by the Society and protected by copyright, trademark, database rights, and other intellectual property laws.

Society Content may not be copied, downloaded, reproduced, published, transmitted, posted, broadcast, adapted, modified, distributed, sold, or otherwise exploited for commercial or public use without our prior written permission. Personal, noncommercial use (e.g., private study, research, or reference) may be permitted subject to these Terms and any separate use policies; any such permitted use does not transfer ownership or license rights.

Unauthorized use, removal of copyright or attribution notices, alteration, or creation of derivative works from Society Content is prohibited and may result in civil and criminal liability.

Restricted Uses and Prohibited Conduct

You must not, without express written consent:

• Reproduce, sell, license, distribute, publicly perform, or display Society Content for commercial purposes.

• Remove, alter, or obscure copyright, trademark, or other proprietary notices on Society Content.

• Use Society Content in a defamatory, obscene, unlawful, or fraudulent manner.

• Use automated tools (bots, scrapers, crawlers) to download, copy, harvest, or index Society Content or metadata beyond normal browsing, except where expressly permitted by us in writing.

• Circumvent technical protection measures, digital rights management (DRM), or other access controls placed on Society Content.

• Misrepresent the provenance, authenticity, or provenance of artifacts, documents, images, or records originating from the Society’s collections.

Licensing Requests and Fees

Requests for reproduction, commercial use, publication, licensing, scholarly publication, classroom use beyond fair use, or high-resolution copies must be submitted in writing to the Society. Licensing may be subject to fees, conditions, and required attribution.

The Society reserves the right to refuse requests that risk harm to fragile originals, violate donor restrictions, infringe third-party rights, or are inconsistent with the Society’s mission.

Copyright, Moral Rights, and Attribution

Where Society Content is in the public domain, the Society still asserts rights in its reproductions, metadata, and collections management. You must provide attribution as specified by the Society when using Society Content even if the underlying work is public domain.

Moral rights of creators and donors (where applicable) must be respected; do not falsely attribute authorship or alter work in a way that would prejudice the original creator’s honor or reputation.

Digital Collections, Metadata, and Database Protection

The Society’s digital collections, catalogs, metadata sets, and databases are protected as compilations and as intellectual property. Systematic extraction, bulk downloading, or reuse of metadata or database content for aggregation, resale, or creation of competing databases is prohibited without prior written agreement.

Confidential and Sensitive Materials

Some materials in our collections may be restricted due to donor agreements, privacy, legal requirements, or cultural sensitivity (e.g., donor-restricted items, unprocessed personal papers, medical or school records, juvenile records). Access, copying, or disclosure of restricted materials is prohibited except as expressly authorized.

Information collected from members, donors, volunteers, program participants, or staff (including contact details, financial information, donor records, volunteer records, and medical/allergy information provided for program safety) is protected under our Privacy Policy and must not be accessed, shared, copied, or used for unauthorized purposes.

Enforcement, DMCA, and Takedown Procedures

The Society enforces its rights to protect Society Content. We may pursue injunctive relief, monetary damages, and all available legal remedies against infringers.

If you believe content on our site infringes your copyrights, contact us with a detailed notice. We will respond in accordance with applicable law, including the Digital Millennium Copyright Act (DMCA), where applicable, and may remove or disable access to allegedly infringing content.

Remedies and Liability for Unauthorized Use

Unauthorized use of Society Content may result in civil liability for copyright infringement, breach of contract, misappropriation, or other claims, and may include statutory damages, attorneys’ fees, and costs.

TO THE MAXIMUM EXTENT PERMITTED BY TEXAS LAW, THE SOCIETY’S LIABILITY FOR CLAIMS ARISING FROM OR RELATED TO UNAUTHORIZED USE OF SOCIETY CONTENT IS LIMITED AS STATED IN THE “LIMITATION OF LIABILITY” SECTION BELOW.

Access, Preservation, and Handling of Originals

Physical access to originals, fragile items, or restricted materials may be conditioned upon supervision, signing handling agreements, and abiding by preservation requirements. Failure to follow handling instructions may result in denial of access and liability for damages.

User-Submitted Content and Contributions

If you submit content to the Society (research, images, corrections, transcriptions, oral histories), you grant the Society a nonexclusive, perpetual, royalty-free, worldwide license to use, reproduce, modify, publish, and distribute that content for educational, preservation, promotional, and archival purposes. You represent that you have the right to grant this license and that the submission does not infringe third-party rights.

Security Measures and Anti-Theft Practices

The Society implements technical and administrative safeguards to protect digital assets and access controls to protect physical collections. Attempts to bypass security, tamper with digital files, or remove physical materials without authorization may result in prosecution and civil liability.

Reporting Misuse and Requests for Assistance

If you discover unauthorized use, suspected theft, or misuse of Society Content or materials, report it promptly to the Society. Provide details, locations, and evidence where possible; the Society may share information with law enforcement or rights holders to pursue remedies.

Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY TEXAS LAW, SOCIETY CONTENT IS PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND. THE SOCIETY DOES NOT WARRANT THAT CONTENT IS ACCURATE, COMPLETE, OR FREE FROM ERROR, NOR THAT ACCESS WILL BE UNINTERRUPTED OR SECURE.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY TEXAS LAW, IN NO EVENT WILL THE SOCIETY, ITS OFFICERS, DIRECTORS, EMPLOYEES, VOLUNTEERS, OR AGENTS BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE SOCIETY CONTENT. THE SOCIETY’S AGGREGATE LIABILITY FOR DIRECT DAMAGES ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED THE AMOUNT PAID BY YOU TO THE SOCIETY IN THE 12 MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS GREATER.

Indemnification

You agree to indemnify, defend, and hold harmless the Society and its officers, directors, employees, volunteers, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising from your breach of these Terms, unauthorized use of Society Content, or violation of law.

Governing Law and Venue

These Terms are governed by the laws of the State of Texas without regard to conflict-of-law principles. Any dispute arising under or related to these Terms must be brought exclusively in the state or federal courts located in Dallas County, Texas, and you consent to personal jurisdiction there.

Changes to These Terms

We may modify these Terms at any time by posting revised Terms with a new effective date. Continued use after changes constitutes acceptance. For material changes, we will attempt to provide notice to members, licensees, and registered users.

Severability

If any provision of these Terms is found invalid or unenforceable, that provision will be severed, and the remaining Terms will remain in effect.

Contact Information

Ovilla Texas Historical Society

Email: info@ovillahistoricalsociety.org

Phone: 214-931-7223

To request permissions, report infringements, or ask questions about permitted uses, contact the address above.