TERMS AND CONDITIONS OF USE
OF
DayInBlackHistory.com
1 ACCEPTANCE OF TERMS
1.1 Your access to and use of DayInBlackHistory.com
("the Website") and any Services referred to in Clause 2, is subject
exclusively to these Terms and Conditions. You will not use the
Website/Services for any purpose that is unlawful or prohibited by these Terms
and Conditions. By using the Website/Services you are fully accepting the
terms, conditions and disclaimers contained in this notice. If you do not
accept these Terms and Conditions you must immediately stop using the
Website/Services.
1.2 We reserve the right to update
or amend these Terms and Conditions at any time and your continued use of the
Website/Services following any changes shall be deemed to be your acceptance of
such change. It is therefore your responsibility to check the Terms and
Conditions regularly for any changes.
2 THE
SERVICES
The Website may provide communication
tools such as email, bulletin boards, chat areas, news groups, forums and/or
other message or communication facilities ("the Services") designed
to enable you to communicate with others. Unless stated otherwise the Services
are for your personal and non-commercial use only.
3 CHILD SUPERVISION
We are concerned about the safety and privacy
of our users, particularly children. Parents who wish to allow their children
access to and use of the Website/Services should supervise such access and
use. By allowing your child access to the Services you are allowing your child
access to all of the Services, including email, bulletin boards, chat areas,
news groups, forums and/or other message or communication facilities. It is
therefore your responsibility to determine which Services are appropriate for
your child. Always use caution when revealing personally identifiable
information about yourself or your children via any of the Services.
4 USER ACCOUNT, PASSWORD AND SECURITY
If a particular Service requires you to
open an account you will be required to complete the registration process by
providing certain information and registering a username and password for use
with that Service. You are responsible for maintaining the confidentiality of
the username and password and also for all activities which take place under
your account. You agree to immediately notify us of any unauthorised use of
your password or account or any other breach of security. In no event will DayInBlackHistory.com
be liable for any indirect or consequential loss or damage whatsoever resulting
from the disclosure of your username and/or password. You may not use another
person’s account at any time, without the express permission of the account
holder.
5 ACCEPTABLE
USE
5.1 You acknowledge that all
information, text, graphics, logos, photographs, images, moving images, sound,
illustrations and other materials ("the Content"), whether posted
publicly or transmitted privately, are the sole responsibility of the person
from whom such Content originated. We do not control or endorse the Content
and cannot guarantee the accuracy, integrity or quality of such Content and you
acknowledge that by using the Services you may be exposed to Content that is
offensive and/or indecent. DayInBlackHistory.com will not be liable in any
way for any Content or for any loss or damage of any kind resulting from the
use of any Content transmitted via the Services and you agree to bear all risks
associated with the use of any Content, including any reliance on the accuracy
or completeness of such Content.
5.2 In using the Website/Services you agree
not to:
5.2.1 use the Services to
send junk email, spam, chain letters, pyramid schemes or any other unsolicited
messages, commercial or otherwise;
5.2.2 post, publish,
distribute or disseminate material or information that is defamatory,
infringing, obscene, indecent, threatening, abusive, harassing or unlawful;
5.2.3 post, publish,
distribute or disseminate material or information that incites discrimination,
hate or violence towards any person or group on account of their race, religion,
disability, nationality or otherwise;
5.2.4 threaten, abuse,
disrupt, stalk or otherwise violate the legal rights (including rights of
privacy and publicity) of others;
5.2.5 use any information
or material in any manner that infringes any copyright, trademark, patent or
other proprietary right of any party;
5.2.6 make available or
upload files that contain a virus, worm, trojan or corrupt data that may damage
the operation of the computer or property of another;
5.2.7 collect or store
personal information about others, including email addresses;
5.2.8 advertise or offer
to buy or sell goods or services for any commercial purpose, unless such
communication facility specifically allows such messages;
5.2.9 impersonate any
person or entity for the purpose of misleading others;
6.2.10 violate any
applicable laws or regulations;
5.2.11 use the
Website/Services in any manner that could damage, disable, overburden or impair
the Website/Services or interfere with any other party’s use and enjoyment of
the Website/Services;
5.2.12 post, publish,
distribute or disseminate material or information that you do not have a right
to transmit under any law or under contractual or fiduciary relationships (such
as inside information or confidential information disclosed in the course of
employment or under a confidentiality agreement);
5.2.13 attempt to gain
unauthorised access to any of the Services, other accounts, computer systems or
networks connected to the Website/Services through hacking, password mining or
any other means.
5.3 We have no obligation to
monitor the Services but shall be entitled to review materials posted to a
communications facility and, at our sole discretion, to remove any material
that breaches these Terms and Conditions or is otherwise objectionable.
6 TERMINATION
We have the right to terminate your access to any or
all of the Services at any time, without notice, for any reason, including
without limitation, breach of these Terms and Conditions. We may also at any
time, at our sole discretion, discontinue the Website/Services or any part
thereof without prior notice and you agree that we shall not be liable to you
or any third party for any termination of your access to the Website/Services.
7 LINKS TO THIRD PARTY WEBSITES
The Website/Services may include links to
third party websites that are controlled and maintained by others. Any link to
other websites is not an endorsement of such websites and you acknowledge and
agree that DayInBlackHistory.com is not responsible for the content or
availability of any such sites.
8 INTERNATIONAL USE
You agree to comply with all
applicable laws regarding the transmission of technical data exported from the
United States of America or the country in which you reside (if different) and
with all local laws and rules regarding acceptable use of and conduct on the
Internet.
9 INTELLECTUAL PROPERTY RIGHTS
9.1 The Website and its content
(including without limitation the Website design, text, graphics and all
software and source codes connected with the Website and the Services) are
protected by copyright, trade marks, patents and other intellectual property
rights and laws. In accessing the Website you agree that you will access the
contents solely for your personal, non-commercial use. None of the content may
be downloaded, copied, reproduced, transmitted, stored, sold or distributed
without the prior written consent of the copyright holder. This excludes the
downloading, copying and/or printing of pages of the Website for personal,
non-commercial home use only.
9.2 DayInBlackHistory.com does not
claim ownership of any materials you post, upload or submit to any publicly
accessible area of the Services. However, by doing so you are granting us a
world-wide, royalty free, non-exclusive licence to copy, distribute, transmit,
reproduce, publicly display, edit, translate or publish such Content for as
long as you elect to display such Content via the Services. The licence shall
be terminated when such Content is deleted from the Services.
9.3 In general, user-posted content, unless source quoted, is licensed under a Creative Commons Public Domain License.
10 INDEMNITY
You agree to indemnify and hold DayInBlackHistory.com
harmless from and against any breach by you of these Terms and Conditions and
any claim or demand brought against DayInBlackHistory.com by any third party
arising out of your use of the Services and/or any Content submitted, posted or
transmitted through the Services, including without limitation, all claims,
actions, proceedings, losses, liabilities, damages, costs, expenses (including
reasonable legal costs and expenses) howsoever suffered or incurred by DayInBlackHistory.com
in consequence of your breach of these Terms and Conditions.
11 DISCLAIMERS AND LIMITATION OF
LIABILITY
11.1 Use of the Website/Services is
at your own risk. The Website/Services are provided on an "AS IS"
and "AS AVAILABLE" basis without any representation or endorsement
made and without warranty of any kind whether express or implied, including but
not limited to the implied warranties of satisfactory quality, fitness for a
particular purpose, non-infringement, compatibility, security and accuracy.
11.2 To the extent permitted by law, DayInBlackHistory.com
will not be liable for any indirect or consequential loss or damage whatsoever
(including without limitation loss of business, opportunity, data, profits)
arising out of or in connection with the use of the Website/Services.
11.3 DayInBlackHistory.com makes no
warranty that the Website/Services will meet your requirements, that Content
will be accurate or reliable, that the functionality of the Website/Services will
be uninterrupted or error free, that defects will be corrected or that the
Website/Services or the server that makes them available are free of viruses or
anything else which may be harmful or destructive.
11.4 Nothing in these Terms and
Conditions shall be construed so as to exclude or limit the liability of DayInBlackHistory.com
for death or personal injury as a result of the negligence of DayInBlackHistory.com.
11.5 Nothing in these Terms and
Conditions shall affect your statutory rights as a consumer.
12 SEVERANCE
If any of these Terms and
Conditions should be determined to be invalid, illegal or unenforceable for any
reason by any court of competent jurisdiction then such Term or Condition shall
be severed and the remaining Terms and Conditions shall survive and remain in
full force and effect and continue to be binding and enforceable.
13 GOVERNING LAW
These Terms and Conditions shall be
governed by and construed in accordance with the law of United States of
America and you hereby submit to the exclusive jurisdiction of the United
States courts.
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