Legal and terms of use

 

By using The History List website (www.TheHistoryList.com) and widget (“Websites”) you accept and agree to abide by the following terms.

Intellectual Property Rights in Content

The History List is the owner of the compilation of content that is posted on the Websites, which consists of text, images, audio, video, databases, design, codes and software (“Content”). However, The History List does not necessarily own each component of the compilation. The Content available on The History List Websites may be owned by The History List, owned by others and used with their permission (such as  information submitted about organizations and events as well as user-generated content), or used in accordance with applicable law. Some Content is in the public domain and some Content is protected by third party rights, such as copyright, trademark, rights of publicity, privacy, and contractual restrictions.

The History List Content is identified as having “no known copyright restrictions” when The History List is unaware of any copyright restrictions on its use. This may mean that: (1) a copyright existed at one time but was not renewed, or the copyright may have expired, or the owner may have intentionally placed the Content into the public domain; or (2) the Content was never eligible for copyright protection because it was created by an employee of the United States as part of his or her official duties, or (3) there are no copyright markings or other indications on the Content to indicate that it was copyrighted or otherwise restricted; or (4) our records do not indicate any evidence of copyright restrictions. These facts do not necessarily mean that the Content is in the public domain, but rather indicate that no evidence has been found to show that copyright restrictions apply.

The History List endeavors to provide information that it possesses about the copyright status of the Content and to identify any other terms and conditions that may apply to use of the Content (such as trademark, rights of privacy or publicity, donor restrictions, etc.); however, The History List can offer no guarantee or assurance that all pertinent information is provided or that the information is correct in each circumstance. It is your responsibility to determine what permission(s) you need in order to use the Content and, if necessary, to obtain such permission. If you have specific questions or information about Content on the Websites, please contact THL@TheHistoryList.com.

Trademarks

Trademarks of third parties appear on the Websites, and you agree that nothing on the Websites shall be construed as granting any license to use any Trademark displayed on the Websites without the express written permission of the owner of the trademark.

Interactive Features and User-Generated Content

  • You are solely responsible for the content that you submit.
  • By posting content, you are giving The History List and those authorized by The History List permission to use it for any educational, promotional or other standard purpose.
  • You will not post any content that is off-topic, partisan-political, contains personal attacks or expletives, or is otherwise abusive, threatening, unlawful, harassing, discriminatory, libelous, obscene, false, pornographic, or that infringes on the rights of any third party.
  • You will only post content that is yours or for which you have received permission from the person or entity that owns the content and the related intellectual property rights.
  • You will not insert your own or a third party’s advertising or promotional content into your posting.
  • You understand that The History List may monitor or review listings, discussions, and other postings from time to time.
  • You understand that The History List assumes no responsibility or liability arising from the posting of your content or for any error, defamation, libel, omission, obscenity, danger or inaccuracy contained in any posted information or from any failure or delay in removing such content.
  • You will not introduce any software viruses, worms or other programs designed to damage software, hardware or telecommunications equipment.
  • You agree that you will not collect information about the users of this website or use such information for any purpose.
  • You are not under the age of 13.

The History List reserves the right to monitor content or information provided by website visitors in its sole discretion, to edit or remove any content that, in The History List’s judgment, does not comply with the foregoing rules. The History List is not responsible for any user-generated content that is posted on the Websites or for any failure or delay in removing such content.

Copyright Complaints

If you have any complaints or objections to Content posted on the Websites because it was not properly credited or it was posted without permission and you are the copyright owner, please contact THL@TheHistoryList.com with your contact information and a link to the relevant Content.

Links to Third Party Sites

The History List links to third party sites that are not under our control.  These links do not indicate our endorsement, sponsorship of, or affiliation with the third party or content of the linked website, including any advertisements that may be posted. The History List has no control over, makes no representation or warranty and bears no responsibility for the accuracy, legality or content of these external sites.

Disclaimer

The Content is provided “as is” without a warranty of any kind, either expressed or implied, including but not limited to the implied warranties of merchantability, fitness for a particular use, and/or non-infringement. The History List shall not be responsible or liable for any damage that may occur due to your use of Websites or downloading any Content from the Websites.

Reservation of Rights

The History List reserves the right to change these Terms of Use from time to time without notice; changes shall be effective upon posting. Please check back regularly for updates. Failure of The History List to enforce any of these terms shall not constitute a waiver of such terms.

Warranty and Indemnity

By using the Websites, you represent and warrant that your use will be consistent with these Terms of Use, including fair use. You agree to indemnify, defend and hold The History List harmless from all claims, causes of action, allegations, costs, expenses, fees (including reasonable attorneys’ fees), judgments, liabilities, losses, and damages arising from or relating to your use of the Websites.

Applicable Law and Jurisdiction

These Terms of Use shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, excluding its conflicts of law rules, and the United States of America. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Service or your use of this Site or Services shall be filed only in the state or federal courts located in Massachusetts, USA, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. Use of the Service is not authorized in any jurisdiction that does not give effect to all provisions of these Terms of Service, including without limitation, this section.

Privacy

By using the Websites, you agree that The History List may collect, use and disclose information that you provide as described in the Privacy Policy.

 

 

 [Last modified: 5/29/2012]