Terms of Service:
Please read this Agreement carefully before accessing or using the MHUS. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access MHUS or use any services. If these terms and conditions are considered an offer by “THE OWNER”, acceptance is expressly limited to these terms. MHUS is available only to individuals who are at least 13 years old.
1. Your Military-history.us Account, Blog Posts, and Comments. If you create an account on the MHUS, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with your account, blog posts, or comments. You must not describe or assign keywords to your account, blog posts, or comments in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and “THE OWNER” may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause “THE OWNER” liability. You must immediately notify “THE OWNER” of any unauthorized uses of your account, or any other breaches of security. “THE OWNER” will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
2. Responsibility of Contributors. If you operate a blog, comment on a blog, post material to the MHUS, post links on the MHUS, or otherwise make (or allow any third party to make) material available by means of MHUS(any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
your account is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
your account is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog’s URL or name is not the name of a person other than yourself or company other than your own; and
you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by “THE OWNER” or otherwise.
By submitting Content to “THE OWNER” for inclusion on MHUS, you grant “THE OWNER” a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your blog posts or comments. If you delete Content, “THE OWNER” will use reasonable efforts to remove it from MHUS, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, “THE OWNER” has the right (though not the obligation) to, in “THE OWNER”’s sole discretion (i) refuse or remove any content that, in “THE OWNER”s reasonable opinion, violates any “THE OWNER” policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of MHUS to any individual or entity for any reason, in “THE OWNER”’s sole discretion.
3. Responsibility of MHUS Visitors. “THE OWNER” has not reviewed, and cannot review, all of the material, including computer software, posted to MHUS, and cannot therefore be responsible for that material’s content, use or effects. By operating MHUS, “THE OWNER” does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful, or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. MHUS may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. MHUS may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. “THE OWNER” disclaims any responsibility for any harm resulting from the use by visitors of the MHUS, or from any downloading by those visitors of content there posted.
4. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through MHUSs and webpages to which military-history.us links, and that link to military-history.us. “THE OWNER” does not have any control over those non-MHUS sites and webpages, and is not responsible for their contents or their use. By linking to a non-MHUS site or webpage, “THE OWNER” does not represent or imply that it endorses such webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. “THE OWNER” disclaims any responsibility for any harm resulting from your use of non-MHUS sites and webpages.
5. Copyright Infringement and DMCA Policy. As “THE OWNER” asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by military-history.us violates your copyright, you are encouraged to notify “THE OWNER” in accordance with MHUS’s Digital Millennium Copyright Act (“DMCA”) Policy. “THE OWNER” will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. “THE OWNER” will terminate a visitor’s access to and use of MHUS if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of “THE OWNER” or others. In the case of such termination, “THE OWNER” will have no obligation to provide a refund of any amounts previously paid to “THE OWNER”.
6. Intellectual Property. This Agreement does not transfer from “THE OWNER” to you any of “THE OWNER”s or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with “THE OWNER”. “THE OWNER”, military-history.us, the military-history.us logo, and all other trademarks, service marks, graphics and logos used in connection with military-history.us, or MHUS are trademarks or registered trademarks of “THE OWNER” or “THE OWNER”’s licensors. Other trademarks, service marks, graphics and logos used in connection with MHUS may be the trademarks of other third parties. Your use of MHUS grants you no right or license to reproduce or otherwise use any “THE OWNER” or third-party trademarks.
7. Changes. “THE OWNER” reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to MHUS following the posting of any changes to this Agreement constitutes acceptance of those changes. “THE OWNER” may also, in the future, offer new services and/or features through MHUS(including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
8. Termination. “THE OWNER” may terminate your access to all or any part of MHUSat any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Military-history.us account (if you have one), you may simply discontinue using the MHUS. All provisions of this Agreement, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
9. Disclaimer of Warranties. MHUS is provided “as is”. “THE OWNER” and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither “THE OWNER” nor its suppliers and licensors, makes any warranty that MHUS will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, MHUS at your own discretion and risk.
10. Limitation of Liability. In no event will “THE OWNER”, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to “THE OWNER” under this agreement during the twelve (12) month period prior to the cause of action. “THE OWNER” shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
12. Indemnification. You agree to indemnify and hold harmless “THE OWNER”, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the MHUS, including but not limited to your violation of this Agreement.
13. Miscellaneous. This Agreement constitutes the entire agreement between “THE OWNER” and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of “THE OWNER”, or by the posting by “THE OWNER” of a revised version.