Terms and Conditions
1. DESCRIPTION OF SITE
HistoryBrowser is web bases application created by databankdecision. Its purpose is to provide a user generated collection of images and a information on historical events, peoples, places and objects. The site can reserved for members only or opened up to the public for viewing and commenting. Access is granted by a user login name and a password. Various levels of access are granted to different user types. High level privileges allow the modification of data, user access and the graphic and system layout. This site is for general research, information and entertainment purposes only. The information on this site is not independently verified and HistoryBrowser is not responsible for inaccurate user content.
2. MODIFICATIONS TO TERMS
3. MODIFICATIONS TO SITE
We reserve the right from time to time to temporarily or permanently modify or discontinue, and restrict or block access to, the Site (or any part thereof) without notice. We may temporarily or permanently modify or remove any part or all of your content from the Site at any time without any notice to you. We will not be liable to you or any third party for any such modification, suspension, discontinuance or removal and any such action by us will not affect HistoryBrowser’s license to your content as stated herein.
4. POSTING USER GENERATED CONTENT ON THE SITE; REPRESENTATIONS AND WARRANTIES
Depending on your access rights you have the ability to interact with the site by posting comments, uploading images, storing/modifying archival information and variety of other ways (such as creating access for another user). By submitting or posting any user generated data you warrant and represent that:
1. You have ownership of the content or have permission to make use of the content posted to HistoryBrowser.
2. Any licences fees, clearance fees and other financial obligations of any kind that may arise from their residing in HistoryBrowser are paid by you.
3. HistoryBrowser can at any time request that you provide permissions to use the above mention content.
4. You will not using this site stalk, threaten or harass authors or others.
5. You agree that HistoryBrowser does not stop, nor can it stop, anyone copying images or data from your user generated contents, beyond the access limits placed on other users or the public.
6. You user content is not defamatory in nature, does not infringe on intellectual property rights, privacy, rights to publicity or other legal or moral rights of any third party.
7. You will not include content will encourage conduct that is a criminal offence, tort, or civil wrong or otherwise violates any applicable law.
You also agree that you will review, maintain, correct and update such information in a timely manner to maintain its accuracy and completeness. You agree to safeguard your user name and password, and you authorize us to accept any use of the Site through your Account as being used by you or someone authorized to act for you. You agree to be liable for any User Generated Content posted using your Account and for any transactions associated with your Account.
You agree that we can rely upon the contact and other information that is supplied to us using your Account and that we will rely upon such information. You agree and acknowledge that your Account is non-transferable and non-assignable. You may not share your password with anyone unless you are a minor, in which case you may share your password with your parents or other legal guardians. When you submit ideas, suggestions, or proposals (collectively, "Ideas") to us, you represent, warrant, and agree that: (i) your Ideas do not include confidential or proprietary information, you have all necessary rights to submit them to us and that they do not and will not infringe or violate any third party rights of any kind; (ii) if we so choose, we may use and disclose your Ideas in any way; and (iii) we have no obligation to pay or reimburse you for your Ideas or our use of your Ideas. You also acknowledge that (x) we may have already created, or be in the process of creating, content that may be substantially similar to your Ideas or work samples at the time you submit those ideas or samples to us, and (y) elements of your Ideas and work samples may not be subject to protection under copyright law.
5. PROHIBITED CONTENT
You agree not to post or submit to the Site any content or any other materials whatsoever that is or could appear to be:
1. untrue, misleading, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive to another person's privacy or protected data, hateful, or racially, ethnically or otherwise objectionable;
2. infringing or alleged to be infringing upon a third party's rights, including any patent, trademark, trade secret, copyright, right of publicity, or other proprietary rights of any party, including, without limitation, any content that is the subject of any third party claim of infringement;
3. of a type that you do not have a right to transmit under any law or under contractual or fiduciary relationships, such as inside information and proprietary and confidential information;
4. unsolicited, undisclosed or unauthorized advertising;
5. 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;
6. data or information obtained through access that was not authorized by the owner of the data or information, or with respect to which such posting would constitute unauthorized use; or
7. in violation of any applicable local, state, national or international law, regulation, or statute (including export laws).
6. PROHIBITED CONDUCT; LIQUIDATED DAMAGES
You agree not to do, or attempt to do, any of the following, subject to applicable law:
1. access or use the Site in any way that violates or is not in full compliance with any applicable local, state, national or international law, regulation, or statute (including export laws), contracts, intellectual property rights or constitutes the commission of a tort, or for any purpose that is harmful or unintended (by us), or other than in full compliance with these Terms;
2. access, tamper with, or use services or areas of the Site that you are not authorized to access;
3. alter information on or obtained from the Site;
4. tamper with postings, registration information, profiles, submissions or User Generated Content of other users;
5. use any robot, spider, scraper or other automated means or interface not provided by us to access the Site or extract data or gather or use information, such as email addresses, available from the Site or transmit any unsolicited advertising, "junk mail," "spam," or "chain letters";
6. frame any part of the Site, or link to the Site, or otherwise make it look like you have a relationship to us or that we have endorsed you or your User Generated Content for any purpose except as expressly permitted in writing by HistoryBrowser;
7. impersonate or misrepresent your affiliation with any person or entity;
8. reverse engineer any aspect of the Site or do anything that might discover source code, or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Site (except as otherwise expressly permitted by law);
9. send to or otherwise impact us or the Site (or anything or anyone else) with harmful, illegal, deceptive or disruptive code such as a virus, "spyware," "adware" or other code that could adversely impact the Site or any recipient; or
10. take any action which might impose a significant burden (as determined by us) on the Site's infrastructure or computer systems, or otherwise interfere with the ordinary operation of the Site.
IF YOU SEND UNCOLICITED COMMERCIAL EMAIL OR ADVERTISING, BULK EMAIL, SPAM, OR CHAIN LETTERS (COLLECTIVELY, "UNSOLICITED EMAIL OR OTHER COMMUNICATION") THROUGH THE SITE, YOU ACKNOWLEDGE THAT YOU WILL HAVE CAUSED SUBSTANTIAL HARM TO US, BUT THAT THE AMOUNT OF THE HARM WOULD BE EXTREMELY DIFFICULT TO ASCERTAIN. AS A REASONABLE ESTIMATION OF SUCH HARM, YOU WILL PAY LICENSOR $40 FOR EACH SUCH UNSOLICITED EMAIL OR OTHER COMMUNICATION.
7. MONITORING OF USER GENERATED CONTENT
Although we strive to maintain high standards for this Site, we are under no obligation to regularly monitor the accuracy or reliability of User Generated Content appearing on the Site. Notwithstanding the foregoing, we reserve the right to modify or remove any User Generated Content at any time. Any opinions, advice, statements, services, offers, or other information or User Generated Content expressed or made available by third parties, including other users, are those of the respective author(s) or distributor(s) and not of HistoryBrowser. HistoryBrowser neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on this Site by anyone other than authorized HistoryBrowser employees acting in their official capacities.
8. PROTECTION OF SITE CONTENT
Our Site is protected by intellectual property laws and you agree to respect them. HistoryBrowser grants you a limited, revocable, non-transferable, non-sublicensable, non-exclusive license, under the rights HistoryBrowser has in the content on the Site, to privately display and perform the Site on your computer for your own personal, noncommercial purposes. HistoryBrowser reserves all other rights in the content on the Site, on its own behalf and the behalf of its licensors (including contributors), and HistoryBrowser does not, directly or by implication, by estoppel or otherwise, grant any other rights or licenses to you under these Terms. Except as expressly stated in this paragraph, you may not reproduce, distribute, modify, publicly perform or display, or prepare derivative works of any content on the Site without prior written consent from HistoryBrowser or the third-party owner of the rights in that User Generated Content (if any).
10. TERMINATION OR CANCELLATION
11. DEALINGS WITH MERCHANTS; LINKS
As a condition of your access to and use of the Site, you agree to hold HistoryBrowser and databankdecision and their subsidiaries, affiliates, officers, directors, employees, agents, attorneys, and suppliers, and each of their respective successors and assigns, harmless from, and indemnify them for, all damages, costs, expenses and other liabilities, including but not limited to attorneys' fees and expenses, relating to any claim arising out of or related to:
(i) your access to and use of the Site and the content therein;
(iii) any dispute you have or claim to have with one or more users of the Site;
(iv) HistoryBrowser's resolution (if any) of any dispute you have or claim to have with one or more users of the Site;
(v) your improper authorization for HistoryBrowser to collect, use or disclose any data or User Generated Content provided by you; and
Furthermore, you fully understand and agree that: (a) HistoryBrowser will have the right but not the obligation to resolve disputes between users relating to the Site and HistoryBrowser's resolution of a particular dispute does not a create an obligation to resolve any other dispute; and (b) HistoryBrowser's resolution of a dispute will be final with respect to the Site.
13. DISCLAIMER OF WARRANTIES
Since operation and functionality of the Site depend on factors such as the type of hardware, software, or network you are using, there is a possibility that the Site may not work on your computer, be interrupted or have errors in its operation, or may interfere or even harm the operation of your computer; HistoryBrowser does not warrant the successful operation of the Site on your computer, and we are not liable for any such problems that result from your use of the Site.
MOREOVER, THE SITE MAY CONTAIN ADVICE, OPINIONS, INSTRUCTIONS AND STATEMENTS FROM HISTORYBROWSER, ITS USERS AND OTHER CONTENT AND INFORMATION PROVIDERS. THIS CONTENT IS INTENDED TO BE USED FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY. YOU USE THE SITE AND CONTENT AT YOUR OWN RISK. WE STRONGLY URGE YOU TO CONSULT A PROFESSIONAL OR SOME OTHER AUTHORITY IN THE APPROPRIATE FIELD BEFORE USING ANY OF THE CONTENT. THE SITE IS PROVIDED BY HISTORYBROWSER ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, HISTORYBROWSER MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION OR CONTENT INCLUDED ON THE SITE. HISTORYBROWSER MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, SECURE, OR TIMELY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, HistoryBrowser EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND THOSE ARISING FROM A COURSE OF DEALING, TRADE, USAGE OR PERFORMANCE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, AND THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. WE URGE YOU TO KEEP BACKUP COPIES OF CONTENT AND OTHER MATERIAL, IF ANY, THAT YOU MAINTAIN ON OR USE WITH THE SITE. IF YOUR USE OF THE SITE RESULTS IN THE NEED FOR SERVICING OR REPLACING PROPERTY, MATERIAL, EQUIPMENT OR DATA, WE ARE NOT RESPONSIBLE FOR ANY RESULTING COSTS OR DAMAGES.
Without limiting any of the foregoing, HistoryBrowser makes the following specific disclaimers for the following categories of information:
INVESTMENT & FINANCIAL INFORMATION: The content located on the Site should not be interpreted as financial or investment advice nor should it be interpreted as creating any kind of investment advisor or financial advisor relationship. You should NOT rely upon the financial and investment information or opinions provided herein and you should conduct your own independent research and consult with your personal investment advisor before making an investment or financial decision. You are solely responsible for any investment and financial decisions, omissions or actions you take. Neither HistoryBrowser, its parent, its affiliates, nor any of their respective agents, employees, information providers or content providers shall have any liability for your financial/investment decisions based upon, or the results obtained from, the content on the Site.
MEDICAL & HEALTH INFORMATION: The content located on the Site should not be interpreted as medical or health advice. The content should not be used to diagnose, treat or cure any medical or health condition nor should it be interpreted as creating any kind of doctor-patient or health/medical advisor relationship. You should NOT rely upon the medical, health, dietary, nutritional or other professional information or opinions provided and you should always speak to your personal health care provider before beginning, changing or stopping any medication or any treatment for a health problem. You are solely responsible for any decisions, omissions or actions you take based on choosing to seek or not to seek professional medical care, or choosing or not choosing specific treatments. Neither HistoryBrowser, its parent, its affiliates, nor any of their respective agents, employees, information providers or content providers shall have any liability for your medical, health, dietary or nutritional decisions based upon, or the results obtained from, the content on the Site.
LEGAL INFORMATION: The content located on the Site should not be interpreted as legal advice nor should it be interpreted as creating any kind of attorney-client or legal advisor relationship. You should NOT rely upon the legal information or opinions provided and you should consult with your personal legal advisor; this Site is not a substitute for an in-person consultation with an attorney, as the applicability of the legal principles discussed at this Website may differ substantially in individual situations or in different states or countries. You are solely responsible for any legal decisions or actions you take or omissions you commit. Neither HistoryBrowser, its parent, its affiliates, nor any of their respective agents, employees, information providers or content providers shall have any liability for your legal decisions based upon, or the results obtained from, the content on the Site.
14. EXCLUSION OF DAMAGES; LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT NEITHER HISTORYBROWSER NOR DATABANKDECISION NOR THEIR SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS AND SUPPLIERS, NOR EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, WILL BE LIABLE TO YOU AND/OR ANY OTHER PERSON FOR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOSS OF PRIVACY, LOSS OF GOODWILL OR ANY OTHER LOSSES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE AGGREGATE LIABILITY TO YOU OF HISTORYBROWSER AND DEMAND MEDIA, AND THEIR SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, AND SUPPLIERS AND EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS EXCEED, IN TOTAL, THE AMOUNTS PAID BY YOU TO US.
15. COPYRIGHT INFRINGEMENT
HistoryBrowser respects the intellectual property rights of others and requests that the people who use the Site do the same. If you believe that your work has been reproduced and is accessible on the Site in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information in writing:1.the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf;2.identification of the copyrighted work that you claim has been infringed;3.identification of the material that is claimed to be infringing and information reasonably sufficient to permit HistoryBrowser to locate the material (for example, by providing a URL to the material);4.your name, address, telephone number, and email address;5.a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and6.a statement that the information in your notification is accurate and a statement, made under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner's behalf. Our designated agent to receive notification of claimed infringement can be reached at:
Technological micro Data
1300 663 554 (within Australia)
+61394277999 (international number)
It is our policy to terminate in appropriate circumstances any Account for repeated infringement of intellectual property rights, including copyrights, and we also reserve the right to terminate an Account for even one instance of infringement.
16. CUSTOMER SUPPORT
You acknowledge that we have no obligation to provide you with customer support of any kind. However, we may provide you with customer support from time to time, at our sole discretion, provided that you have created an Account and that you submit your customer support inquiries using such Account.
17. NOTICES AND CONTACT INFORMATION
Except as otherwise provided in these Terms, HistoryBrowser will give you any notices by posting them on the Site. You authorize HistoryBrowser to send notices (including without limitation notice of subpoenas or other legal process, if any) via electronic mail as well if HistoryBrowser decides, in its sole discretion, to do so. Since notice of any material change to the Terms will be posted to the Site for at least 30 days, we encourage you to visit the Site at least that often. You agree to check the Site for notices, and that you will be considered to have received a notice when it is made available to you by posting on the Site. HistoryBrowser may provide notice to any e-mail or other address that you provide during registration. You agree to keep your address current and that notice provided by HistoryBrowser to the address that you have most recently provided will constitute effective notice. We receive many emails and not all of our employees are trained to deal with every kind of communication. Therefore, with the exception of notices related to copyright infringement and removal of licensed material described in Sections 17 and 5 above, respectively, you agree to send us any notice by mailing it to our address for Legal Notices which is: 38-42 Cremorne St, Richmond 3121, Victoria, Australia
18. ADDITIONAL TERMS
1. Agreement to Conduct Transactions Electronically. You agree that all of your transactions with or through the Site may, at our option, be conducted electronically from start to finish. If we decide to proceed non-electronically, those services will still be governed by the remainder of these Terms unless you enter into different terms on a form provided by us. If the law allows you to withdraw this consent or if we are ever required to deal with you non-electronically, we reserve the right to charge or increase fees and you agree to print or make an electronic copy of the Terms and any other contract or disclosure that we are required to provide to you.
2. Compliance with Laws. You are responsible for compliance with applicable local laws, keeping in mind that access to the Site by certain persons or in certain countries may not be legal.
3. No Agency; No Third Party Beneficiary. No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by these Terms. Neither of us intends that any third party will be a beneficiary of or entitled to rely on any part of these Terms.
4. Severance. If any part of the Terms is held by a court of competent jurisdiction to be invalid or unenforceable, the invalid or unenforceable part will be given effect to the greatest extent possible and the remainder will remain in full force and effect, provided that the allocation of risks described herein is given effect to the fullest extent possible.
6. Limitations on Actions. Any action concerning any dispute you may have with respect to this Site must be commenced within one year after the cause of the dispute arises, or the cause of action is barred.
7. Paragraph Headings. The paragraph headings in these Terms are included to help make these Terms easier to read and have no binding effect.
9. No Waiver. The failure of HistoryBrowser to exercise or enforce any right or provision of these Terms, including any failure to act with respect to a breach, will not constitute a waiver of such right or provision or HistoryBrowser's right to act with respect to subsequent or similar breaches. We suggest that you print out a copy of these Terms for your records.
NOTICE: NO HARVESTING OR DICTIONARY ATTACKS ALLOWED HISTORYBROWSER WILL NOT GIVE, SELL, OR OTHERWISE TRANSFER ADDRESSES MAINTAINED BY HISTORYBROWSER TO ANY OTHER PARTY FOR THE PURPOSES OF INITIATING, OR ENABLING OTHERS TO INITIATE, ELECTRONIC MAIL MESSAGES EXCEPT AS AUTHORIZED BY APPROPRIATE HISTORYBROWSER PERSONNEL OR POLICIES. EXCEPT FOR PARTIES AUTHORIZED TO HAVE ADDRESSES MAINTAINED BY HISTORYBROWSER, PERSONS MAY VIOLATE FEDERAL LAW IF THEY: (1) INITIATE THE TRANSMISSION TO HISTORYBROWSER COMPUTERS OR DEVICES OF A COMMERCIAL ELECTRONIC MAIL MESSAGE (AS DEFINED IN THE U.S. "CAN-SPAM ACT OF 2003") THAT DOES NOT MEET THE MESSAGE TRANSMISSION REQUIREMENTS OF THAT ACT; OR (2) ASSIST IN THE ORIGINATION OF SUCH MESSAGES THROUGH THE PROVISION OR SELECTION OF ADDRESSES TO WHICH THE MESSAGES WILL BE TRANSMITTED.
NOTICE RE TRADEMARKS The trademarks HistoryBrowser, databankdecision, TmD and all other trademarks listed below or used in the Site are owned or used under license by HistoryBrowser and its affiliated organizations. The names of third parties and their products mentioned may be their trademarks. you may not use any of the above or other trademarks displayed on this Site or in any Site content. All rights are reserved.
NOTICE RE COPYRIGHT OWNERSHIP: © 2010 databankdecision. All rights reserved. All content on the Site is subject to intellectual property rights, contractual or other protection. The intellectual property rights are owned by us or our licensors. No content may be copied, distributed, republished, uploaded, posted or transmitted in any way except as provided expressly in the Terms or with our prior express written consent. Modification or use of the materials for any other purpose may violate intellectual property rights.