Web Site Terms and Conditions of Use

 

Terms

By accessing this website, you are agreeing to be bound by these website Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trade mark law.

Intellectual Property

By uploading a file or other content (Content), adding descriptions or by making a comment, you represent and warrant to The History Engine, Inc. and Veterans’ Legacies, Inc. (collectively “Service Providers”) that (1) doing so does not violate or infringe anyone else’s rights; and (2) you created the file or other content you are uploading, or otherwise have sufficient intellectual property rights to upload the material consistent with these terms. With regard to any file or content you upload to the public portions of our site, you grant the Service Providers a non-exclusive, royalty- free, perpetual, irrevocable worldwide license (with sublicense and assignment rights) to use, to display online and in any present or future media, to create derivative works of, to allow downloads of, and/or distribute any such file or content. To the extent that you delete a such file or content from the public portions of our site, the license you grant to the Service Providers pursuant to the preceding sentence will automatically terminate but will not be revoked with respect to any file or content the Service Providers have already copied and sublicensed or designated for sublicense. Also, of course, anything you post to a public portion of our site may be used by the public pursuant to the following paragraph even after you delete it.

By downloading a file or other content from the Service Providers’ site, you agree that you will not use such file or other content except for personal, non-commercial purposes, and you may not claim any rights to such file or other content, except to the extent otherwise specifically provided in writing.

Notices of Claimed Copyright Infringement

If you see anything on our site that you believe infringes your copyright rights, you may notify the Service Providers by sending the following information to copyright@thehistoryengine.com:

• Identification of the copyrighted work or works claimed to have been infringed;
• Identification of the material on our servers that is claimed to be infringing and that is to be removed, including the URL or other information to enable us to locate the material;
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you as copyright owner, or by your agent, or by law;
• A statement that the information in your notice is accurate, and under penalty of perjury, that you are the owner (or authorized to act on behalf of the owner) of the exclusive copyright right that is allegedly being infringed.
• Instructions on how we may contact you: preferably email, but also address and phone.

Registration

As a condition to using the website, you are required to open an account with Veterans’ Legacies and select a password and username, and to provide registration information. The registration information you provide must be accurate, complete, and current at all times. Failure to do so constitutes a breach of these terms, which may result in immediate termination of your Veterans’ Legacies account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

Services are available only to individuals who are either (i) at least 18 years old, or (ii) at least 14 years old, and who are authorized to access the website by a parent or legal guardian. If you have authorized a minor to use the website, you are responsible for the online conduct of such minor, and the consequences of any misuse of the website by the minor. Parents and legal guardians are warned that the website does display photographs, images, videos, documents and audio files that may be offensive to some.

User Conduct

All Content posted or otherwise submitted to the website is the sole responsibility of the account holder from which such Content originates and you acknowledge and agree that you, and not the Service Providers are entirely responsible for all Content that you post, or otherwise submit to the website. The Service Providers do not control user submitted Content and, as such, do not guarantee the accuracy, integrity or quality of such Content. You understand that by using the website you may be exposed to Content that is offensive, indecent or objectionable.

As a condition of use, you promise not to use this website for any purpose that is unlawful or prohibited by these terms, or any other purpose not reasonably intended by the Service Providers. By way of example, and not as a limitation, you agree not to:

• Abuse, harass, threaten, impersonate or intimidate any person;
• Post or transmit, or cause to be posted or transmitted, any content that is libelous, defamatory, obscene, pornographic, abusive, offensive, profane, or that infringes any copyright or other right of any person;
• Use the website for any purpose (including posting or viewing content) that is not permitted under the laws of the jurisdiction where you use the website;
• Post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Service Provider user;
• Create or transmit unwanted ‘spam’ to any person or any URL;
• Create multiple accounts for the purpose of voting for or against users’ photographs or images;
• Post copyrighted Content which doesn’t belong to you, with exception of Blogs, where you may post such Content with explicit mention of the author’s name and a link to the source of the Content;
• With the exception of accessing RSS feeds, you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iii) bypass any measures we may use to prevent or restrict access to the Site;
• Advertise to, or solicit, any user to buy or sell any products or services, or to use any information obtained from the website in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent;
• Promote or sell Content of another person
• Sell or otherwise transfer your profile.
• You are solely responsible for your interactions with other users of the website. The Service Providers reserve the right, but have no obligation, to monitor disputes between you and other users.

Revisions and Errata

The materials appearing on the Service Provider’s website(s) could include technical, typographical, or photographic errors. The Service Providers do not warrant that any of the materials on this website are accurate, complete, or current. The Service Providers may make changes to the materials contained on this website at any time without notice. The Service Providers do not, however, make any commitment to update the materials.

Privacy Policy

Your privacy is very important to us. Accordingly, we have developed this Policy in order for you to understand how we collect, use, communicate and disclose and make use of personal information. The following outlines our privacy policy.

• Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
• We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.
• We will only retain personal information as long as necessary for the fulfillment of those purposes.
• We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
• Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
• We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
• We will make readily available to customers information about our policies and practices relating to the management of personal information.

Links

The Service Providers have not reviewed all of the sites linked to this website and are not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by the Service Providers of the linked site. Use of any such linked site is at the user's own risk.

Site Terms of Use Modifications

The Service Providers may revise these terms of use for its website at any time without notice. By using this website, you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

Release and Indemnity

You hereby expressly and irrevocably release and forever discharge the Service Providers, their affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of this website.

You hereby agree to indemnify and hold harmless the Service Providers, their affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of (i) a breach of these Terms, (ii) Content posted on this website, (iii) the use of this website, by you or any person using your account or your username and password, or (iv) any violation of any rights of a third party.

Limitation of Liability

In no event shall the Service Providers be liable under contract, tort, strict liability, negligence or other legal theory with respect to this website, the service or any content for any lost profits or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever.

Governing Law

Any claim relating to the Service Providers’ website shall be governed by the laws of the State of Oregon without regard to its conflict of law provisions.