HISTORICMARKERS.COM SITE
TERMS OF USE AGREEMENT
Last updated: May 31st, 2006
Welcome to www.historicmarkers.com. This Web site includes
access to historical marker related information including text, location, and
pictures of markers. HistoricMarkers.com does not guarantee the accuracy or
timeliness of the information available on this Site. You are solely
responsible for verifying the accuracy of any information available on this
Site. HistoricMarkers.com disclaims responsibility for Your
reliance on information at this Site.
HistoricMarkers.com hereby grants You
a non-exclusive, non-transferable, revocable license to view and use the Site
in accordance with this Agreement and any guidelines or policies posted on the
Site. HistoricMarkers.com reserves the right to suspend or revoke, in its sole
discretion, the license hereunder and to prevent You
from accessing all or any portion of the Site with or without notice or reason
and without liability on the part of HistoricMarkers.com.
HistoricMarkers.com may change, suspend, or discontinue any
portion of the Site, or any service offered on the Site, at any time, including
but not limited to any feature, database, application, or content. HistoricMarkers.com
may also impose limits on certain features offered on the Site with or without
notice.
The Site and all content available on the Site are protected
by applicable intellectual property laws, and are for personal and
noncommercial use. All rights not expressly granted in this Agreement are
reserved by HistoricMarkers.com or by the respective owners of the intellectual
property rights. All materials available on or through the Site, other than
Third Party Submissions (collectively, the “Site Materials”) are the property
of HistoricMarkers.com or of its licensors and are protected by copyright,
trademark, and other intellectual property laws. HistoricMarkers.com reserves
the right to impose additional terms and conditions upon Your
use and viewing of particular Site Materials, and any such terms and conditions
may be posted on the Site in connection with those Site Materials. You may not
reproduce or retransmit the Site Materials, in whole or in part, in any manner,
without the prior written consent of the owner of such materials, except as
follows: You may make a single copy of the Site Materials solely for Your
personal, noncommercial use, but such copying must be consistent with any
applicable additional terms and conditions and You must preserve any copyright,
trademark, or other notices contained in or associated with such Site
Materials. You may not distribute such copies to others, whether or not in
electronic form and whether or not for a charge or other consideration, without
prior written consent of the owner of such materials. If you have any
questions, contact us at
This email address is being protected from spam bots, you need Javascript enabled to view it
.
Access and Interference
Much of the information on the Site is updated on a real
time basis and is proprietary or is licensed to HistoricMarkers.com by our
users or third parties. You agree that 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: (a) take
any action that imposes, or may impose in our sole discretion an unreasonable
or disproportionately large load on our infrastructure; or (b) interfere or
attempt to interfere with the proper working of the Site or any activities
conducted on the Site or other measures we may use to prevent or restrict
access to the Site.
License to Use Submissions
All comments, articles, tutorials, screenshots, pictures,
graphics, tools, downloads, and all other materials submitted to HistoricMarkers.com
in connection with the Site or available through the Site (collectively,
“Submissions”) remain the property and copyright of the original author. If You submit Submissions to HistoricMarkers.com, You must
adhere to any applicable submission guidelines that may be posted from time to
time on the Site. By submitting any Submission to HistoricMarkers.com, You
grant HistoricMarkers.com a worldwide, non-exclusive, transferable, perpetual,
irrevocable, fully-paid royalty-free license and right to use, reproduce,
distribute, import, broadcast, transmit, modify and create derivative works of,
license, offer to sell, and sell, rent, lease or lend copies of, publicly
display and publicly perform that Submission for any purpose and without
restriction or obligation to You.
The foregoing license rights are intended to provide to HistoricMarkers.com
all rights under existing and future laws, including without limitation all
rights under copyright and any other rights personal to You to publish the
Submission on the Site, use the Submission in publicity and promotional
materials for the Site and to create new Sites or derivative works (including
without limitation by combining the Submission with other content) for public
display or performance via any and all media or technology now known or later
developed. The foregoing rights may be licensed and sublicensed through
unlimited tiers of third parties.
Claims of Copyright Infringement
HistoricMarkers.com respects the intellectual property
rights of others, and HistoricMarkers.com asks that all users of the Site do
the same. If You believe that Your work has been
published on the Site in a way that constitutes copyright infringement, You may
notify HistoricMarkers.com’s copyright agent by
providing the following information:
(a) Identification of the copyrighted work that You claim has been infringed.
(b) Identification of the material that You
claim is infringing and needs to be removed, including a description of where
it is located on the Site.
(c) Your address, telephone number, and, if available,
e-mail address, so that HistoricMarkers.com can contact You
about Your complaint.
(d) And a signed statement that the above information is
accurate; that You have a good faith belief that the identified use of the
material is not authorized by the copyright owner, its agent, or the law; and,
under penalty of perjury, that You are the copyright owner or are authorized to
act on the copyright owner's behalf in this situation.
Notices of copyright infringement claims should be sent by
mail or fax to the attention of Ron Roades, Copyright Agent, as follows:
By mail: HistoricMarkers.com, Inc.
PO Box
11436
Richmond,
VA 23230
HistoricMarkers.com’s copyright
agent may also be contacted e-mail at
This email address is being protected from spam bots, you need Javascript enabled to view it
.
If You give HistoricMarkers.com
notice of copyright infringement by e-mail or phone, HistoricMarkers.com’s
copyright agent may begin investigating the alleged copyright infringement;
however, HistoricMarkers.com’s copyright agent must
receive Your signature by mail or fax before HistoricMarkers.com is required by
law to take any action. More information about U.S. copyright law can be found at
the United States Copyright Office.
Indemnity
You agree to indemnify and hold HistoricMarkers.com, its
officers, employees, agents and volunteer administrators harmless against any
and all losses, claims, damages, and expenses (including reasonable attorneys’
fees) that HistoricMarkers.com may incur in connection with: (a) Your breach of
any of the terms of this Agreement; or (b) Your use of the Site.
NO WARRANTIES
Neither HistoricMarkers.com, nor any
successor, predecessor, agent, officer, or employee of HistoricMarkers.com,
warrants the accuracy, reliability, or timeliness of any information or
downloads published to or otherwise accessible via the Site (“Site
Information”). HistoricMarkers.com will not be liable for any damage or loss
caused by Your reliance on the accuracy, reliability,
or timeliness of Site Information. Because of the number of possible sources of
information available through the Site, and the inherent hazards and
uncertainties of electronic distribution, there may be delays, omissions, or
inaccuracies in the Site Information. The Site Information may include facts,
views, opinions, and recommendations of individuals and organizations. HistoricMarkers.com
does not endorse, assert, or guarantee the truthfulness or reliability of any
such facts, views, opinions, or recommendations, nor any statements made by persons
other than authorized HistoricMarkers.com spokespersons, including, without
limitation, information contained in the forum areas of the Site. The Site may
also contain links to one or more internet sites outside of the Site. HistoricMarkers.com
is not responsible for the content of such outside internet sites and does not
warrant the accuracy, reliability, or timeliness of any information or
downloads posted on or obtained from such outside internet sites. You rely on
the Site Information, as well as information found on outside internet sites
linked to the Site, at Your own risk.
THE SITE, INCLUDING WITHOUT LIMITATION THE SITE INFORMATION
AND ALL OTHER CONTENT PROVIDED ON THE SITE, ARE PROVIDED TO YOU “AS IS”, AND
YOU ASSUME THE ENTIRE RISK AS TO YOUR USE OF THE SITE, THE SITE INFORMATION AND
THE RESULTS AND PERFORMANCE OF THE SITE. HISTORICMARKERS.COM HEREBY DISCLAIMS
ALL WARRANTIES, DUTIES OR CONDITIONS (IF ANY), WHETHER EXPRESS OR IMPLIED, WITH
REGARD TO THE SITE OR ANY CONTENT PROVIDED ON THE SITE, INCLUDING BUT NOT
LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, WORKMANLIKE EFFORT, AND LACK OF NEGLIGENCE. HISTORICMARKERS.COM GIVES
NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SITE, AGAINST
INFRINGEMENT, OR AS TO TITLE, OR THAT INFORMATION PROVIDED ON THE SITE, THE
SITE ITSELF, OR HISTORICMARKERS.COM’S EFFORTS, WILL FULFILL ANY OF YOUR
PARTICULAR PURPOSES OR NEEDS. FURTHERMORE, HISTORICMARKERS.COM GIVES NO
WARRANTIES AS TO THE AVAILABILITY OF THE SITE AT ANY PARTICULAR TIME;
FUNCTIONALITY; TIMELINESS OF SERVICES; ACCURACY OR CURRENCY OF CONTENT; LACK OF
VIRUSES; OR ANY OTHER WARRANTY.
LIMITATION OF DAMAGES
TO THE FULLEST EXTENT PERMITTED BY LAW, AND REGARDLESS OF
THE FORM OR CAUSE OF ACTION OR THE ALLEGED BASIS OF THE CLAIM, YOU AGREE THAT HISTORICMARKERS.COM,
ITS OFFICERS, EMPLOYEES, AGENTS, AND VOLUNTEER ADMINISTRATORS WILL NOT BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL,
DIRECT, OR OTHER DAMAGES WHATSOEVER ARISING OUT OF OR RELATING TO THIS
AGREEMENT OR YOUR USE OF THE SITE OR THE SITE INFORMATION, EVEN IF THEY HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF THE REMEDIES
OTHERWISE PROVIDED UNDER THIS AGREEMENT, AT LAW, OR IN EQUITY, FAIL OF THEIR
ESSENTIAL PURPOSE. THIS LIMITATION AND EXCLUSION OF DAMAGES INCLUDES BUT IS NOT
LIMITED TO DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION,
FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR
FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR
NEGLIGENCE OR NEGLIGENT MISREPRESENTATION, AND FOR ANY OTHER PECUNIARY OR OTHER
LOSS WHATSOEVER, EVEN IN THE EVENT OF THE FAULT OF HISTORICMARKERS.COM, OF TORT
(INCLUDING NEGLIGENCE), STRICT OR PRODUCT LIABILITY, BREACH OF CONTRACT, OR BREACH
OF WARRANTY.
SHOULD A COURT OF COMPETENT JURISDICTION DETERMINE THAT THE
LIMITATION ABOVE IS NOT LEGALLY VALID, HISTORICMARKERS.COM, ITS OFFICERS,
EMPLOYEES, AGENTS AND VOLUNTEER ADMINISTRATOR'S LIABILITY FOR ANY CLAIMS
ARISING OUT OF OR RELATING TO THIS AGREEMENT (INCLUDING ANY TERMS AND
CONDITIONS REFERENCED IN THIS AGREEMENT) INCLUDING FOR ANY DIRECT DAMAGES
ARISING FROM YOUR RELIANCE ON SITE INFORMATION, WILL BE LIMITED TO U.S.$10.00
OR THE AMOUNT OF DIRECT DAMAGES INCURRED BY YOU IN RELIANCE ON THIS SITE OR ON
SITE INFORMATION, WHICHEVER IS LESS. YOU AGREE THAT THIS IS YOUR SOLE AND
EXCLUSIVE REMEDY AND YOU HEREBY RELEASE HISTORICMARKERS.COM, ITS OFFICERS,
EMPLOYEES, AGENTS AND VOLUNTEER ADMINISTRATORS FROM ALL OBLIGATIONS, LIABILITY,
CLAIMS OR DEMANDS IN EXCESS OF THE LIMITATION.
Virginia Law
This Agreement is governed by the law of the state of Virginia,
U.S.A.
You consent to jurisdiction of and venue in the courts in Virginia, U.S.A. in all
disputes arising out of or in connection with this Agreement. Use of the Site
is not authorized in any jurisdiction that does not give effect to all
provisions of this Agreement. HistoricMarkers.com’s
performance under this Agreement is subject to all applicable laws and regulations,
and You agree that HistoricMarkers.com may comply with
law enforcement or regulatory requests or requirements notwithstanding any
contrary term of this Agreement.
Attorney’s Fees
In any formal action or suit to enforce any right or remedy
under this Agreement or to interpret any provision of this Agreement, HistoricMarkers.com
will be entitled to recover its costs, including reasonable attorneys’ fees.
Changes to this Agreement
HistoricMarkers.com reserves the right to revise the terms
of this Agreement at any time and from time to time. Each time You use the Site, You are bound by the version of this
Agreement that is in effect and posted on the Site at the time of Your use.
Please review them.
Severability; No Waiver; Entire Agreement.
If any provision of this Agreement is found by a court of
competent jurisdiction to be invalid or unenforceable, the parties agree that
the remaining provisions of the Agreement will remain in full force and effect,
and the allocation of risk described herein will be given effect to the fullest
extent possible. HistoricMarkers.com’s failure to act
with respect to a breach by You or others does not
constitute a waiver of HistoricMarkers.com’s right to
enforce its rights with respect to subsequent or similar breaches. This
Agreement, along with any Site guidelines or policies posted on the Site or
otherwise provided to You by HistoricMarkers.com,
constitutes the entire agreement between You and HistoricMarkers.com with
regard to Your use of the Site.