TERMS OF USE

By accessing this website, you are agreeing to be bound by these website Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these Terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.

CONTENT

Members of the public may submit, upload and post audio, text, photos, pictures, graphics, comments, and other content, data or information (hereinafter “Content”). By uploading Content, you acknowledge that the public will be able to view and listen to the Content.

Open History Project may provide you with access to third party websites, databases, networks, servers, information, software, programs, systems, directories, applications, products or services, including without limitation, Linked Services (hereinafter “External Services”).

Open History Project does not have or maintain any control over External Services, and is not and cannot be responsible for their content, operation or use. By linking or otherwise providing access to any External Services, Open History Project does not give any representation, warranty or endorsement, express or implied, with respect to the legality, accuracy, quality or authenticity of content, information or services provided by such External Services.

External Services may have their own terms of use and/or privacy policy, and may have different practices and requirements. You are solely responsible for reviewing any terms of use, privacy policy or other terms governing your use of these External Services, which you use at your own risk. You are advised to make reasonable enquiries and investigations before entering into any transaction, financial or otherwise, and whether online or offline, with any third party related to any External Services.

Open History Project disclaims any and all responsibility or liability for any harm resulting from your use of External Services, and you hereby irrevocably waive any claim against Open History Project with respect to the content or operation of any External Services.

LIABILITY FOR CONTENT

You hereby acknowledge and agree that Open History Project acts merely as a passive conduit and/or host for the uploading and distribution of all Content posted on the site and plays no active role and gives no assistance in the presentation or use of the Content. You are solely responsible for all of your Content that you upload, post or distribute and to the extent permissible by law, Open History Project excludes all liability with respect to all Content (including Your Content) and the activities of its users with respect thereto.

You hereby acknowledge and agree that Open History Project cannot and does not review the Content created or uploaded and neither Open History Project nor its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders has any obligation, and does not undertake or assume any duty, to monitor the Content that is inappropriate, that does or might infringe any third party rights, or has otherwise been uploaded in breach of these Terms of Use or applicable law.

Open History Project and its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders hereby exclude, to the fullest extent permitted by law, any and all liability which may arise from any Content uploaded to the site by users, including, but not limited to, any claims for infringement of intellectual property rights, rights of privacy or publicity rights, any claims relating to publication of defamatory, pornographic, obscene or offensive material, or any claims relating to the completeness, accuracy, currency or reliability of any information provided by users on the Website. By using the site, you irrevocably waive the right to assert any claim with respect to any of the foregoing against Open History Project or any of its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders.

LICENSE

By uploading your Content to the website, you grant a worldwide, non-exclusive, royalty-free, license to Open History Project to use, copy, transmit or otherwise distribute, publicly display, publicly perform, prepare derivative works of, make available and otherwise communicate to the public your Content.

BLOCKING AND REMOVAL OF CONTENT

Notwithstanding the fact that Open History Project has no legal obligation to monitor the Content, Open History Project reserves the right to block, remove or delete any Content at any time, and to limit or restrict access to any Content, for any reason and without liability and without limitation.

INDEMNIFICATION

You hereby agree to indemnify, defend and hold harmless Open History Project, its successors, assigns, affiliates, agents, directors, officers, employees and shareholders from and against any and all claims, obligations, damages, losses, expenses, and costs, including reasonable attorneys’ fees, resulting from: i) any violation by you of these Terms of Use; ii) any third party claim of infringement of copyright or other intellectual property rights or invasion of privacy arising from the hosting of your Content and the actual use of your Content by members of the public; and iii) any activity related to your Content, be it by you or by any other person accessing your account with or without your consent.

DISCLAIMER

The materials on Open History Project website are provided “as is”. Open History Project makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Open History Project does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet website or otherwise relating to such materials or on any sites linked to this site.

GOVERNING LAW

Any claim relating to Open History Project website shall be governed by the laws of the State of Texas without regard to its conflict of law provisions.

CONTACT US

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