PA-SHARE Terms and Conditions

1. Acceptance of Terms. The Pennsylvania Historical and Museum Commission (“PHMC”) provides this service to you (the “Subscriber”) subject to the terms and conditions outlined below and the Commonwealth of Pennsylvania’s Privacy Policy (“Privacy Policy”) (collectively the “Agreement”), which may be updated by PHMC from time to time. You can review the most current version of the Privacy Policy at https://www.pa.gov/privacy-policy/. Subscriber’s use of PA-SHARE constitutes Subscriber’s assent to all terms, conditions, policies and notices contained in this Agreement.
2. The PA-SHARE Subscription Service. PHMC offers paid 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 PA-SHARE shall be subject to the Agreement. PA-SHARE Subscription Service is provided as is and PHMC assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalized 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 subscriptions (or any part thereof) with or without notice. PHMC shall not be liable to Subscriber 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. Subscriber’s continued use of PA-SHARE subscription after any changes, constitutes Subscriber’s acceptance of those changes.
4. Fees and Payments. Use of the PA-SHARE Subscription Service requires prospective subscribers to register, create an account, and pay a published fee. Subscriber shall provide PHMC with valid credit or debit card information. By submitting such credit or debit card information, Subscriber gives PHMC permission to charge the subscription fee incurred through the account to the credit or debit card designated on the registration form. If payment cannot be charged to the designated credit or debit card or if payment is returned to PHMC for any reason, including but not limited to charge back, PHMC reserves the right to either suspend or terminate the account and all its obligations under this Agreement. If Subscriber has reason to believe that its account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of Subscriber’s identification, password or any credit, debit or charge card number stored for PA-SHARE), Subscriber must promptly change its 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 a PA-SHARE subscription, Subscriber shall provide PHMC with certain registration information, all of which must be accurate and remain current during the pendency of the subscription (registration information can be updated it by visiting the Subscriber’s account page). PA-SHARE registered users shall be solely responsible for maintaining the confidentiality of passwords and for all usage or activity on its PA-SHARE account.
6. Non-Transferable Subscription. Subscriptions are limited to a single user for a Pro or Public Service subscription. Business subscriptions allow five or more separate users on the subscription, and Public Service subscriptions are at the discretion of the PHMC’s State Historic Preservation Office Director. All PA-SHARE registered users must be specifically identified by name. Users may not share their log-in credentials with other individuals. A subscription may only be used for up to the maximum number of users per subscription. Any evidence that indicates the subscriber is exceeding the maximum number of users for their subscription type 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 subscription null and void.
7. Subscription Renewal and Cancellation. PHMC will email the Subscriber one month before the end of a paid subscription with an opportunity to renew the subscription by making an additional payment in PA-SHARE. PHMC will not issue a prorated refund for the balance of a subscription term, however the Subscriber will have access to the service for the remainder of the subscription period.
8. Third Parties and Links. Subscriber’s correspondence or business dealings with any party found on or through PA-SHARE Subscription Service are solely between the Subscriber and that party in accordance with the external linking policy found in the Privacy Policy at https://www.pa.gov/privacy-policy/. PHMC shall not be responsible or liable for any loss or damage of any sort incurred as the result of the Subscriber’s business dealings or as the result of the presence of parties found through PA-SHARE.
9. USE OF INFORMATION. Subscriber shall only use the information found on PA-SHARE for its personal or business use. Subscriber may not share, publish, or publicly post any PA-SHARE data or information that may be considered private, sensitive, such as archaeological data, or that is not subject to disclosure without prior written permission from PHMC. 
10. USE OF GENERATIVE AI. Subscriber must comply with the Commonwealth of Pennsylvania’s Artificial Intelligence Policy. Subscribers using AI shall be transparent about use of Generative AI and must cite in the submission if Generative AI has been used to generate content that will be submitted via PA-SHARE. AI citations must clearly indicate AI-generated content and include the AI model used and the date content was generated. Generative AI outputs cannot be used by Commonwealth employees to make decisions. PHMC reserves the right to reject any AI generated information submitted to the agency.
11. DISCLAIMER OF WARRANTIES. SUBSCRIBER EXPRESSLY UNDERSTANDS AND AGREES THAT SUBSCRIBER’S USE OF PA-SHARE SUBSCRIPTION SERVICE IS AT SUBSCRIBER’S 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. LIMITATION OF LIABILITY. SUBSCRIBER EXPRESSLY UNDERSTANDS AND AGREES 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 SUBSCRIBER’S 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, SUBSCRIBER AGREE THAT UNDER NO CIRCUMSTANCE SHALL THE LIABILITY OF PHMC UNDER THIS AGREEMENT EXCEED THE AMOUNT OF THE SUBSCRIPTION FEE PAID BY SUBSCRIBER.
12. 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. Use of materials downloaded or copied from PA-SHARE must adhere to copyright and other notices contained therein.
13. Non-Waiver, Severability. The failure of PHMC to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement 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 Agreement remain in full force and effect. 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 Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
14. Indemnification. Subscriber shall 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 Subscriber of any terms of this Agreement.
15. Comments, Materials, Messages. Any comments, materials, or letters sent by Subscriber 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 the Received Materials.
16. Entire Agreement. This Agreement constitutes the entire agreement between Subscriber and PHMC for the purpose of accessing PA-SHARE Subscription Service and governs Subscriber’s use of PA-SHARE.
17. Refusal of Service. PHMC reserves the right to refuse or discontinue service to any user for non-compliance with these Agreement.18. 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.
18. 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.