By using the Site, you represent and warrant that:
- all registration information you submit is truthful and accurate;
- you will maintain the accuracy of such information;
- you are 13 years of age or older; and
- your use of the Service does not violate any applicable law or regulation.
If we believe that you are under 13 years of age, your profile may be deleted and your use of the Site may be terminated without warning.
We reserve the right at any time to:
- change the terms and conditions of the TOU;
- change the Site, including eliminating or discontinuing any feature of the Site; or;
- impose fees, charges or other conditions for use of the Site or parts thereof (with reasonable notice).
2. The Site. The Site is a venue with the sole purpose of allowing you to record and share events. Unless explicitly stated otherwise, any new features that enhance the Site shall be subject to the TOU. In order to use the Site, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. You are responsible for providing all equipment necessary to make such connection to the World Wide Web. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Site, use of the Site, or access to the Site, except as expressly provided in this TOU.
We reserve the right at any time and from time to time to perform maintenance, upgrades, updates, suspend, and to modify the Site (or any part thereof, such as certain features or functions) with or without notice. You agree that we shall not be liable to you or to any third party for any modification or suspension of the Site.
The Site is controlled and operated by us from our offices in the State of Illinois. We make no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Site should not be construed as the Company purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than Illinois.
BY USING OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THE TOU.
3. Registration. In consideration of use of the Site, you agree to provide true, accurate, current and complete information about yourself on the Site's registration form, and to maintain and promptly update the registration information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
You will also be asked to provide an email address and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account and password of someone else at any time. You agree to notify us immediately of any unauthorized use of your account or password.
4. Your Conduct. You understand that all information, data, text, links, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. You, and not us, are entirely responsible for all Content that you upload, post or otherwise transmit via the Site. We do not control the Content posted via the Site and, as such, we do not guarantee the accuracy, integrity or quality of such Content, including but not limited to any commentary posted on the Site. You understand that by using the Site, you may be exposed to Content that you may find offensive, indecent or objectionable.
You agree to not use the Site to:
- upload, post or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, any official or agent representing the Site, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Site or develop, other than as facilitated by the Site, restricted or password-only access pages, or hidden pages or images (those not linked to another accessible page);
- upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment including, without limitation, by means of submitting a virus to the Site, overloading, "flooding," "spamming," "mail bombing," or "crashing";
- interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
- advocate or encourage conduct that could constitute a criminal offense, give rise to civil liability, or intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law in any jurisdiction around the world;
- harass another individual or group;
- collect or store personal data about users other than those who willingly provide such information in order to use the Site;
- advertise or otherwise solicit funds or post Content that is a solicitation for goods or services;
- access content or data not intended for you, or log onto a server or account that you are not authorized to access;
- probe, scan, or test the vulnerability of the Site or any associated system or network, or breach security or authentication measures without proper authorization or make any attempt to do so;
- use the Site to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services.
To ensure that we provide a high quality experience for you and for other users of the Site, you agree that we or our representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site. We reserve the right to suspend or terminate your account or your access to the Site immediately, with or without notice to you, and without liability to you, if we believe that you have violated any of the TOU, furnished us with false or misleading information, or interfered with use of the Site by others.
5. Content Submitted by You. By posting Content on the Site, you warrant and represent that you own the rights to the Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute the Content and expressly authorize is to display the Content on the Site.
The burden of proving that any Content that you post does not violate any laws or third party rights rests solely with you. You will not be compensated for any Content. You acknowledge that we do not pre-screen Content, but that we and our designees shall have the right (but not the obligation) in our sole discretion to remove or block access to any Content that violates the TOU or is otherwise objectionable.
You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
6. Indemnification. As a condition of your use of the Site, you agree to indemnify and hold us, and our subsidiaries, affiliates, officers, directors, representatives, agents, co-branders or other partners, and employees, harmless from any and all claims, losses, costs (including reasonable attorneys' fees) or other expenses that arise directly or indirectly out of or from (a) your Content, (b) your use of the Site, (c) your connection to the Site, (d) your violation of the TOU or (e) your violation of the rights of any third party.
7. Termination. You understand and agree that we may, under certain circumstances and without prior notice to you, suspend or terminate your access to and use of the Site. Cause for such suspension or termination shall include, but not be limited to, (i) breaches or violations of the TOU or other agreements or guidelines, (ii) requests by law enforcement or other government or regulatory authorities or (iii) repeat violators of third party copyrights or other intellectual property. You agree that we shall not be liable to you or any third party for any suspension or termination of your access to the Site in accordance with these TOU.
8. Advertisements. We may run advertisements and promotions on the Site. By using the Site and agreeing to these TOU, you agree that we have the right to run such advertisements and promotions. The manner, mode and/or extent of advertising by us on the Site are subject to change in our sole discretion.
9. Interaction with Third Parties. Your interaction with third parties on or through the Site is solely between you and such third party. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such interaction.
10. Links. The Site may provide, or third parties may provide, links from the Site to other World Wide Web sites or resources. Because we have no control over such sites and resources, you acknowledge and agree that (a) we are not responsible for the availability of such external sites or resources, and (b) we do not endorse and are not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
11. Proprietary Rights. You acknowledge and agree that the Site and any necessary software used in connection with the Site, including all files and images contained in or generated by the software, and accompanying data ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You acknowledge and agree that Content contained in merchant sites, sponsor advertisements or information presented to you through the Site or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You agree not to access the Site by any means other than through the interface that is provided by us for use in accessing the Site. Except as expressly authorized by us or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site or the Software, in whole or in part.
We grant you a personal, non-transferable and non-exclusive right and license to use Site and the Software object code for non-commercial, personal use only; provided, however, that you have not violated the TOU. You agree that you will not (and will not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Site or the Software.
You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Site. We do not transfer either the title or the intellectual property rights to the Site or the Software, and we or our licensors retain full and complete title to the Site and the Software as well as all intellectual property rights therein.
The Site and the content provided by us contained herein, as well as all copyrights, trademarks and logos, are the property of Scott McMillin, Geoff Buesing, and Brian Hand (McHaBu) or its licensors and you may not copy or use them in any manner. You may access and use the content, and download and/or print out copies of content from the Site, solely for your personal, noncommercial use. You acknowledge that you do not acquire any ownership rights by using the Site. All of our works of authorship reflected in the Site are: Copyright 2020, Scott McMillin, Brian Hand, and Geoff Buesing (McHaBu) All rights reserved.
World History Project, The History of Us®, LifeSnapz®, The History of the World® and other marks are tradenames and trademarks of Scott McMillin, Geoff Buesing, and Brian Hand (McHaBu). You may not use our tradenames or trademarks in connection with any product or service that is not offered by McHaBu, in any manner that is likely to cause confusion in the marketplace, or that disparages or discredits McHaBu.
12. Disclaimer of Warranties. THE SITE, AND ANY PRODUCT OR SERVICE OBTAINED OR ACCESSED THROUGH THE SITE, IS PROVIDED "AS IS" AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MCHABU, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SUPPLIERS, ADVERTISERS, AGENTS AND SPONSORS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE AND NON-INFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES RELATING TO THE ADEQUACY, ACCURACY OR COMPLETENESS OF ANY INFORMATION ON OUR SITE.
MCHABU, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SUPPLIERS, ADVERTISERS, AGENTS AND SPONSORS DO NOT WARRANT THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS, OR (ii) YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, OR THAT THE SITE OR THE SERVER(S) ON WHICH THE SITE IS HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT OF MCHABU, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SUPPLIERS, ADVERTISERS, AGENTS AND SPONSORS, MEMBERS, OR VISITORS, WHETHER MADE ON THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
13. Limitation of Liability. NEITHER MCHABU NOR ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS, ADVERTISERS, AGENTS AND SPONSORS ARE LIABLE FOR ANY DAMAGES OF ANY KIND WHATSOEVER, WHETHER ARISING UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR ANY CONTENT CONTAINED THEREIN, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY OF YOUR TRANSMISSIONS OR DATA, OR ANY PRODUCT OR SERVICE USED OR PURCHASED THROUGH WORLD HISTORY PROJECT. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING IT. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO MCHABU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE) SHALL BEONE DOLLAR ($1.00).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 12 AND 13 MAY NOT APPLY TO YOU.
14. Notices. Notices to you will be made via email to the most recent e-mail address you have provided. The Site may also provide notices of changes to the TOU or other matters by displaying notices or links to notices to you generally on the Site. We will post any revision to the TOU to the Site, and the revision shall be effective immediately on such posting. You agree that, by continuing to use or access the Site following notice of any revision, you shall abide by any such revision.
15. Infringement of Copyrights. We respect the intellectual property rights of others and are committed to full compliance with U.S. copyright law. We require our users to do the same. We will promptly process and investigate notices of alleged infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA") and other applicable intellectual property laws.
To be effective, the notification must be a written communication that includes the following:
A. Notification of Claimed Copyright Infringement
If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want us to delete, edit, or disable the material in question, you must provide us with all of the following information:
- a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
- identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
- identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material (preferably the URL of the page);
- information reasonably sufficient to permit us to contact you, such as an address, telephone number, and if available, an email address at which you may be contacted;
- a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Additionally, claimants who make misrepresentations concerning copyright infringement may be liable for damages incurred as a result of the removal or blocking of the material, court costs, and attorney's fees.
For this notification to be effective, you must provide it to our Designated Agent at:
By mail: Robert Tedesco
Rich May PC
176 Federal Street
Boston, MA 02110
By fax: 617- 391-5702
By email: email@example.com
B. Counter Notification
If a user who posted material to the Site believes in good faith that a notice of copyright infringement has been wrongly filed, the user may submit a counter-notice to assert a private dispute with the claimed copyright owner. We will not be a party to such disputes over alleged copyright infringement.
A person who receives a notification of alleged copyright infringement, and believes that the claim is erroneous, may submit a counter notification to our Designated Agent within thirty (30) days of the date the material was removed from the Site.
To be effective, a counter notification must be a written communication that includes substantially the following:
- A physical or electronic signature of the person submitting the counter notification;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that the person submitting the counter notification has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material or the owner of the rights to be removed or disabled; and
- The person submitting the counter claim's name, address, and telephone number, and a statement that he or she consents to the jurisdiction of the federal district court located within Cook County, Illinois, and that the person will accept service of process from the complaining party or an agent of such person.
16. General Information. The Site is directed solely to individuals residing in jurisdictions in which provision of the Site's content is legal. We make no representation that materials provided on the Site are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. We reserve the right to limit the availability of the Site to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion, and to limit the quantities of any such service or product that we provide.
The TOU, together with all policies referred to herein, constitutes the entire agreement between you and us relating to your use of the Site and supersedes and any all prior or contemporaneous written or oral agreements on that subject between you and us (including, but not limited to, any prior versions of the TOU). The TOU and the relationship between you and us are governed by and construed in accordance with the laws of the State of Illinois, without regard to its principles of conflict of laws. You agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within Cook County, Illinois, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. If any provision of the TOU is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the TOU and shall not affect the validity and enforceability of any remaining provisions. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in the TOU is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. We reserve the right to require you to sign a non-electronic version of the TOU.
You also may be subject to additional terms and conditions that may apply when you use third-party content or third-party software. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries to this agreement. Our failure to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. 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 the Site or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Neither the rights nor the obligations arising under the TOU are assignable or transferable by you, and any such attempted assignment or transfer shall be void and without effect.
Please report any violations of the TOU to us at firstname.lastname@example.org.