2. General Disclaimer. The Website may, but need not, contain information, images, facts, published works, articles, message boards, information, opinions, statements, recommendations, advertisements, promotions, offers to purchase goods and services, and other content, as well as links to external websites not owned or controlled by Heritage History (individually and collectively, 'Website Content'). Heritage History makes no warranties or representations as to the accuracy, safety, or value of Website Content or Heritage History publications, including without limitation links to third-party websites not owned by Heritage History, and assumes no liability or responsibility for errors or omissions in Website Content or the manner in which Users utilize Website Content. Heritage History accepts no responsibility for the actions of any User or third party or for Website Content created, provided, uploaded, linked or posted by any User or third party, including without limitation the content of message boards, and/or User comments, if any. Website Content does not necessarily reflect the views, opinions, or recommendations of Heritage History. Use of or reliance upon Website Content is undertaken at the Userís sole risk.
6. Personal Use Only. The Website and related services are made available to Users for personal, non-commercial use only. Users may create, upload, link, or post User Material in and on permitted portions of the Website only, and only to the limited extent permitted by Website and Heritage History, if at all. Users may not edit, alter, overwrite, block or delete Website Content. Users may not frame or otherwise alter the appearance or functionality of the Website. Users may not use the Website or any personal account, blog, comment, or User Material to sell or advertise a business, product, or service, including without limitation other Internet websites, without the advance written consent of Heritage History, which consent may be withheld, conditioned or delayed at Heritage Historyís sole discretion and on a case by case basis. Heritage History reserves the sole, discretionary right to determine what constitutes 'selling' and 'advertising' on the Website. Users may not take, appropriate, publish, reproduce, or use all or any part of the Website or Website Content, with the sole exception of User Material created by the relevant User, for any purpose without the advance written consent of Heritage History, which consent may be withheld, conditioned or denied at Heritage Historyís sole discretion.
9. Modification of Service, Lost Information. Heritage History reserves the sole, discretionary right to change, suspend or terminate the Website, some or all Website Content, and all related offers and services at any time and from time to time with or without prior notice or cause. Heritage History has and will have no liability to any User, Subscriber, or third party for changes to, or suspension or termination of, the Website, Website Content, or related offers and services. Heritage History disclaims all responsibility and liability for deletion of or failure to store Website Content, User Material and any other information of any kind. Heritage History retains the sole, discretionary right to create, implement and enforce limitations and restrictions on Website Content, User and Subscriber access, and User Material at any time, with or without cause or prior notice.
13. Advertising and Promotions. Website Content may include and/or feature content, advertisements, and promotions created by or on behalf of Heritage History and/or third parties not owned or operated by Heritage History. Users understand that Website Content may, but need not, include certain advertisements and promotions selected by Heritage History. Users will not and may not block, interfere or attempt to block or interfere with any Website Content, including without limitation advertisements and promotional materials. Users agree that Users have no editorial control, and will receive no compensation or consideration of any kind, for, relating to, or arising out of Website Content, regardless of the nature of such content. Users may contact, communicate, contract with or participate in promotions offered by advertisers and other third party providers of Website Content at the Userís sole risk and discretion. USERS HEREBY RELEASE HERITAGE HISTORY FROM ANY AND ALL LIABILITY AND CLAIMS RELATING TO OR ARISING OUT OF CONTACT, COMMUNICATION, CONTRACTS AND OTHER RELATIONSHIPS BETWEEN USERS AND ADVERTISERS OR OTHER THIRD PARTIES NOT OWNED BY HERITAGE HISTORY, INCLUDING WITHOUT LIMITATION LIABILITY FOR OR ARISING FROM GOODS, SERVICES, TERMS, CONDITIONS, WARRANTIES AND REPRESENTATIONS MADE BY OR CONNECTED WITH SUCH ADVERTISERS OR OTHER THIRD PARTIES. Heritage History assumes no responsibility, obligation or liability for contacts, communications, contracts, promotions or relationships between Users and any advertiser or other third party, and specifically disclaims any and all liability and obligations relating thereto, to the maximum extent permitted by applicable law.
14. Profanity Filter. Heritage History may, but need not, employ an automated 'profanity filter' or similar software to prevent the use of profane and obscene language on the Website. Users understand that use of the profanity filter may result in: (a) deletion or elimination of profane and obscene language, (b) failure to delete or eliminate profane or obscene language, and (c) unintentional or erroneous deletion or elimination of language which is neither profane or obscene. Users will hold Heritage History harmless from and against all responsibility, liability and claims resulting from or arising out of the proper or improper functioning of profanity filters and similar software and programs.
(b)††††††† to comply with all applicable laws, including without limitation laws governing the transmission of technical data exported from the United States through the Internet and other electronic media;
(c) †††††† not to disrupt, interfere with, or access without permission ('hack') the Website or the Websiteís networks, servers, systems, hosts, or any computer hardware or software used to operate the Website or connected to the Website;
(d)††††††† not to use the Website or the names of Heritage History or the Website for or in connection with chain letters, junk mail or spamming, and not to contact any other User without that Userís advance written consent;
(f)†††††††† not to create, provide, upload, link, post or transmit any User Material or information on, to, or through the Website which encourages or incites conduct which gives rise to actual or potential criminal or civil liability or which violates applicable law;
(h)††††††† not to intentionally interfere with operation of the Website or the use and enjoyment of the Website by other Users or third parties.
16. User Representations and Warranties. Each User represents and warrants to Heritage History that:
††††††††††† (e)††††††† User Material created, published, provided, posted, displayed, uploaded and distributed by the User, if any, does not and will not infringe, violate or conflict with applicable laws or with the intellectual property or other rights of any person or entity, including without limitation rights of patent, copyright, trademark, trade secret and rights to proprietary works;
††††††††††† (f)†††††††† The User will not create, publish, provide, post, display, upload or distribute Website Content or other information which is tortious, abusive, defamatory, libelous, obscene, illegal, and/or an incitement to an illegal act, which illegally infringes upon the privacy or contract rights of any person or entity, or which violates the laws of any state or of the United States of America.
††††††††††† (g)††††††† The User will not engage in any conduct or create, publish, provide, post, display, upload or distribute User Material in, on, or through the Website in which the User: (1) impersonates any person or entity, including without limitation an employee or officer of Heritage History or an administrator of any website, (2) falsely states or misrepresents the Userís identity or affiliation with any person or entity, or (3) contains or results in the generation or transmission of computer viruses or computer code, files, or programs designed to interrupt, destroy or negatively alter the nature, use or function of any computer hardware, software, server, system, network or telecommunications equipment.
††††††††††† (h)††††††† The User will properly cite and identify the sources of all User Material and information created, published, provided, posted, displayed, uploaded or distributed in, on, through the Website, will retain copies of all sources cited or referenced and will support or verify Userís rights to use copyrighted or other protected material at the request of Heritage History or the Website.
††††††††††† (i)†††††††† The User has not and will not solicit, receive or accept payment, compensation or anything of value from any third party in exchange for inserting, using or recommending a name, product or other content in User Material or Website Content, except as disclosed and approved in advance by Heritage History.
17. Acknowledgement of Potentially Offensive Content. Use of the Website and products and services available through the Website may expose the User to content and information which the User finds offensive or objectionable. Users agree to hold Heritage History harmless from and against any responsibility or liability for offensive or objectionable content and conduct, whether viewed by Users personally or by minor children or other third parties using Usersí computers and Internet connections, whether or not such use was consented to in advance by the relevant User.
19. †Retention of Intellectual Property Rights. Heritage History reserves and retains all rights to Website Content created and/or owned by Heritage History to the maximum extent permitted by applicable law. Users may not claim ownership of Website Content belonging to Heritage History or to any third party, whether or not wrongfully used, appropriated or infringed by the relevant User(s).
20. User Suggestions. Heritage History does not accept or consider unsolicited ideas, suggestions or proposals (individually and collectively 'Ideas') relating to the operations, organization, publications or other property of Heritage History and/or the Website. Users understand and agree that: (a) Ideas sent to Heritage History or posted on the Website are considered and will be deemed non-proprietary, non-confidential, and fully released for use by Heritage History free of charge and with no compensation or consideration due to the suggesting User, (b) Heritage History has no obligation or liability to Users or third parties relating to or arising out of the use, nonuse, disclosure, publication or receipt of Ideas, and (c) Heritage History may, but need not, use any and all Ideas for any purpose, including without limitation commercial and profitable uses, free of charge and without liability, restriction or compensation to submitting Users.
23. Acceptance of Risk. User Material (if any) and other the Website Content downloaded, obtained or accessed from or through the use of the Website is downloaded, obtained and accessed at the sole discretion, risk and responsibility of the relevant User. Users accept sole responsibility and liability for damage to Usersí computers, hardware, operating systems, software, networks, servers, and Internet service, including without limitation destruction, loss or corruption of data files, resulting from using, downloading, obtaining or accessing the Website and Website Content.
28. LIMITATION OF LIABILITY. HERITAGE HISTORY DISCLAIMS ANY AND ALL LIABILITY AND RESPONSIBILITY FOR THE ACCURACY, INACCURACY, LEGALITY, RELIABILITY, OPERABILITY, FUNCTIONALITY, AVAILABILITY, AND/OR CONTENT OF ANY AND ALL WEBSITE CONTENT. HERITAGE HISTORY DISCLAIMS ANY AND ALL RESPONSIBILITY AND LIABILITY FOR DAMAGES ARISING OUT OF, RESULTING FROM OR RELATING TO USERS OR ANY THIRD PARTY CREATING, PUBLISHING, DISPLAYING, UPLOADING, DOWNLOADING, DISTRIBUTING, ACCESSING, OR USING THE WEBSITE AND WEBSITE CONTENT. HERITAGE HISTORY DISCLAIMS ANY AND ALL RESPONSIBILITY AND LIABILITY FOR ERRORS, OMISSIONS, SUSPENSION, DELETION, MISDELIVERY, OR UNAVAILABILITY OF THE WEBSITE AND WEBSITE CONTENT. HERITAGE HISTORY IS NOT AND WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ACTUAL, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, AND CONSEQUENTIAL DAMAGES, CAUSED BY, RESULTING FROM OR ARISING OUT OF (A) USE, MISUSE OR† LACK OF USE OF THE WEBSITE OR WEBSITE CONTENT, (B) MATERIAL, INFORMATION, ADVICE, GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH OR AS A RESULT OF THE WEBSITE OR WEBSITE CONTENT, (C) MESSAGES SENT, RECEIVED, INTERRUPTED OR DELETED, TRANSACTIONS ENTERED INTO AND ANY OTHER ACTION TAKEN OR NOT TAKEN AS A RESULT OF UNAUTHORIZED ACCESS TO THE WEBSITE OR A PERSONAL ACCOUNT OR SUBSCRIPTION REGISTERED TO, BY OR ON BEHALF OF ANY USER, (D) STATEMENTS, ACTIONS, MATERIAL AND WEBSITE CONTENT CREATED, PROVIDED , UPLOADED, DOWNLOADED, LINKED OR POSTED BY USERS OR THIRD PARTIES, AND/OR (E) ANY OTHER CAUSE, EFFECT, ACTION, CONSEQUENCE OR DAMAGE NOT DIRECTLY CAUSED† BY OR RESULTING FROM THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF HERITAGE HISTORY OR THE ADMINSTRATORS OF THE WEBSITE. EXCLUSIONS AND DISCLAIMERS CONTAINED IN THIS LIMITATION OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. THE RIGHTS OF USERS MAY VARY BY JURISDICTION.