Terms of Use

Terms of Use

 

The following terms of use (the "Terms of Use") contain the terms and conditions applicable to you and your access to and use of this website: www.historyandrelics.com, including the mobile version, if applicable (collectively, the "Website"). The Website is operated by History and Relics LLC and through the Wix.com platform.

 

Your use of the Website (and any other feature, content or application offered by the Website) is at all times subject to these Terms of Use, as the same may be modified by History and Relics LLC, and all applicable laws, rules and regulations. 

 

Use of the Website

 

Use of and access to the Website is void where prohibited. By accessing and using the Website, you represent and warrant that: (1) all information you submit is truthful and accurate; (2) you will maintain the accuracy of such information; (3) you are 18 years of age or older; and (4) your use of the Website does not violate any applicable law, rule or regulation. The content and information posted by History and Relics LLC on the Website may be used by you only for informational, personal or other purposes as strictly authorized by History and Relics LLC. 

 

Unauthorized Use

 

You may not use the Website for any unauthorized use or for any illegal or unlawful purpose.  Any unauthorized use or violation of these Terms of Use may immediately and automatically terminate your right to use and access the Website and may subject you to legal liability. Appropriate legal action may be taken for any illegal or unauthorized use of the Website. History and Relics LLC may remove any unauthorized content, links, etc. without notice. Some examples of unauthorized, illegal or unlawful use of the Website include, but are not limited to:

 

  • Copying, modifying, displaying, performing, distributing, republishing, or retransmitting any content or material (including, by way of example, images and text), in whole or in part, on the Website without our prior written consent;

  • Collecting usernames and/or email addresses of users for the purpose of sending unsolicited email;

  • Using a framing or similar technique without our prior written permission;

  • Creating or maintaining any link from another website to any page on the Website without our prior written permission;

  • Criminal or tortious activity, including fraud, spamming, spimming (spam by instant message), sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;

  • Covering or obscuring the banner advertisements on the Website, if any, via HTML/CSS or any other means;

  • Any automated use of any system, such as using scripts to alter content;

  • Interfering with, disrupting, or burdening the Website or the networks, systems or services connected to the Website;

  • Using any automated system or software to extract data from the Website for commercial purposes (including "screen scraping");

  • Attempting to impersonate another user or person at checkout or otherwise;

  • Using the account, username, or password of another user or disclosing your password, as applicable, to any third party or permitting any third party to access your account;

  • Displaying an advertisement, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Website on behalf of that person, such as placing commercial content on the Website;

  • Using the Website for any harassing, threatening, libelous, abusive, obscene or privacy-invading purposes; or

  • Using the Website in a manner inconsistent with any applicable law, rule or regulation.

 

Links to Third-Party Sites; Sponsors, Supporters

 

The Website may provide you with links or other access to other websites, services, products or content of third parties, including the other platforms. History and Relics LLC has no control over, and does not necessarily endorse, any Third-Party Site's services, products or content unless otherwise specified. You acknowledge and agree that you access such Third-Party Sites at your own risk and are wholly responsible for making your own independent judgment regarding your use or interaction with the same. History and Relics LLC recommends that you read the terms of use and privacy policies of each Third-Party Site that you access.

 

Products, Content, and Specifications

 

In no event will anything contained in these Terms of Use or any area of the Website be construed as a representation or guarantee with respect to any content, services or products. History and Relics LLC does not guarantee the accuracy, completeness or usefulness of any descriptions or other content. Further, History and Relics LLC does not endorse, and are not responsible for, the accuracy and reliability of any opinion or statement made on the Website by any third party, including but not limited to, customers, sponsors, supporters, or any other person or entity on products and services sold through the Website. History and Relics LLC assumes no responsibility or obligation to modify or remove any inaccurate or assumed inaccurate content as deemed by others. In addition, History and Relics LLC may make changes to information about price, availability or other product attributes without notice.

 

Property; Intellectual Property

 

All content of the Website (including, without limitation, text, graphics, icons, images, clips and software) (the "Website Content") is protected by copyright, trademark, and other laws. Such Website Content is intended solely for personal, non-commercial (other than for the purchase of merchandise from our site) use by the users of the Website. No right, title or interest in any downloaded materials or software is transferred to you as a result of any use. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Website Content, the Website, or any related software. Names, logos, taglines, icons and marks on the Website are the exclusive property of History and Relics LLC, all rights reserved. Unless otherwise indicated, all other intellectual property appearing on the Website is the property of its respective owner. History and Relics LLC reserves all rights in and to the Website, the Website's Content and services.

 

User-Generated Content

 

Users may be able to post content in certain areas on the Website or on other websites or platforms that History and Relics LLC owns or operates, including on social media platforms such as Facebook, Instagram, Twitter and Pinterest ("Other Platforms"). You are solely responsible for any content (including, without limitation, photos, artwork, videos, text, graphics, and other information) you upload, post, display or otherwise provide to History and Relics LLC through the Website or Other Platforms ("User Content"). History and Relics LLC takes no responsibility, and assume no liability, for any User Content posted by you or any other party. Any User Content you post or provide, including any questions, reviews, comments and suggestions, will be treated as non-confidential and non-proprietary. Additionally, History and Relics LLC shall be free to use any ideas, concepts, know-how or techniques contained in such User Content for any purpose whatsoever, including, without limitation, developing or marketing products and services which incorporate such User Content.

 

You represent and warrant that: (1) you own the User Content posted by you on the Website; (2) your User Content does not violate the privacy rights, publicity rights, intellectual property rights, or any other rights of any person or entity; (3) the posting of User Content on the Website breaches or will result in a breach of any contract between you and a third party; and (4) your User Content is not illegal, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or otherwise inappropriate. 

 

History and Relics LLC is under no obligation to screen or monitor User Content, but may review User Content from time to time at our sole discretion to review compliance with these Terms of Use. History and Relics LLC may reject, refuse to post, edit or remove any User Content at any time without notice, for any or no reason.

 

Termination of Access and/or Account

 

In addition to any right or remedy that may be available to History and Relics LLC under these Terms of Use or under applicable law, History and Relics LLC may limit, suspend, or terminate your access to the Website or Other Platforms (including, without limitation, your account registration and your ability to post User Content), at any time, with or without notice, and with or without cause. History and Relics LLC also may refer any information on illegal activities, including your identity, to the proper authorities. 

 

Copyright and Fair Use Doctrine Statement:

 

It is not the intent of History and Relics LLC to infringe upon anyone’s or any entities copyrighted or potentially copyrighted material whatsoever, including photographs, logos, written information, facts, evidence, or other such data, but rather use such in the context of depicting historical facts or to support other research conducted in the course of describing the items or product’s factual history, stories, purpose, historical or educational relevancies, or attempt to accurately describe such in those contexts. History and Relics LLC utilizes its own contents and materials (physical, descriptive or otherwise) whenever available or otherwise possible. History and Relics LLC makes every known effort to itself to seek appropriate permissions before using or otherwise publishing content and/or provides credit to the sources, when known or when such can be readily identified, to avoid any potential or legal conflict. Still, many images or contents are readily available in various places on the Internet and are believed to be in the public domain. To that end, images and related contents utilized for the reasons mentioned is ultimately believed to be covered under the rights afforded by and according to the U.S. Copyright Fair Use Act (title 17, U.S. Code.)  

 

Digital Millennium Copyright Act ("DMCA") Notice

 

History and Relics LLC is committed to complying with copyright and related laws, and History and Relics LLC requires all users of the Website to comply with these laws. Accordingly, you may not store any material or content on, or disseminate any material or content over, the Website in any manner that constitutes an infringement of third-party intellectual property rights, including rights granted by copyright law. Owners of copyrighted works who believe that their rights under copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the "DMCA") to report alleged infringements. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is History and Relics LLC’s policy to terminate privileges of any user who is found to have repeatedly infringed the copyright rights of others. If you feel that a posted message or other content is objectionable or infringing, History and Relics LLC encourages you to contact them immediately. Upon History and Relics LLC’s receipt of a proper notice of claimed infringement under the DMCA, History and Relics LLC will review such notice expeditiously and, as appropriate, remove or disable access to the material claimed to be infringing and follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content in issue. If you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, you may submit a notice of copyright infringement to History and Relics LLC pursuant to the DMCA’s applicable forms or otherwise by providing History and Relics LLC designated agent with the following information by email via: john.heffner@historyandrelics.com.

 

You agree to indemnify, defend, and hold harmless History and Relics LLC, its owner(s), any officers, directors, employees, licensors and suppliers from and against all claims, losses, expenses, damages and costs, including, without limitation, reasonable attorneys’ fees, arising from or relating in any way to your use of the Websites.

 

Questions and Contact

 

To contact History and Relics LLC regarding any of the above stated or for any other questions you may have, you are invited to contact History and Relics LLC at john.heffner@historyandrelics.com.

 

These Terms of Use shall be governed and construed in accordance with laws of the State of Ohio.