OUR PRESERVATION Terms Of Use

 

 

1. Acceptance of Terms

 

OUR PRESERVATION provides a collection of online resources and forums, respecting historical and urban area preservation (referred to hereafter as “the Service”) subject to the following Terms of Use (“TOU”).  By using the Service in any way, you are agreeing to comply with the TOU.  In addition, when using particular OUR PRESERVATION services, you agree to abide by any applicable posted guidelines for all OUR PRESERVATION services, which may change from time to time.  Should you object to any term or condition of the TOU, any guidelines, or any subsequent modifications thereto or become dissatisfied with OUR PRESERVATION in any way, your only recourse is to immediately discontinue use of OUR PRESERVATION.  OUR PRESERVATION has the right, but is not obligated, to strictly enforce the TOU. 

 

2.  Modifications To This Agreement

 

We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time.  Such modifications shall become effective immediately upon the posting thereof.  You must review this agreement on a regular basis to keep yourself apprised of any changes.

 

3.  Content

 

You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials (“Content”) posted on, transmitted through, or linked from the Service are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item (“Item”) of Content that you post, email or otherwise make available via the Service.  You understand that OUR PRESERVATION does not control, and is not responsible for Content (including its factual accuracy) made available through the Service, and that by using the Service, you may be exposed to Content that is inaccurate or misleading.  Furthermore, the OUR PRESERVATION site and Content available through the Service may contain links to other websites, which are completely independent of OUR PRESERVATION. OUR PRESERVATION makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site.  Your linking to any other websites is at your own risk.  You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will OUR PRESERVATION be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service.  You acknowledge that OUR PRESERVATION does not pre-screen or approve Content, but that OUR PRESERVATION shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the TOU or for any other reason.

 

4.  Third Party Content, Sites and Services

 

The OUR PRESERVATION site and Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of OUR PRESERVATION, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.

 

Your interactions with organizations and/or individuals found on or through the Service are solely between you and such organizations and/or individuals.  You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

 

You agree that OUR PRESERVATION shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.  If there is a dispute between participants on this site, or between users and any third party, you understand and agree that OUR PRESERVATION is under no obligation to become involved.  In the event that you have a dispute with one or more other users, you hereby release OUR PRESERVATION, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our service.

 

5.  Conduct

 

You agree not to post, email, or otherwise make available Content:

 

(a) that is false, deceptive, misleading, deceitful or misinformative; or

 

(b)  that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships.

 

 

 

 

 

6.  Access To The Service

 

OUR PRESERVATION grants you a limited, revocable, nonexclusive license to access the Service for your own use.

 

7.  Termination of Service

 

You agree that OUR PRESERVATION, in its sole discretion, has the right (but not the obligation) to block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if OUR PRESERVATION believes that you have acted inconsistently with the letter or spirit of the TOU.  Further, you agree that OUR PRESERVATION shall not be liable to you or any third-party for any termination of your access to the Service.  Further, you agree not to attempt to use the Service after said termination.

 

8.  Proprietary Rights

 

Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of OUR PRESERVATION.  You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of OUR PRESERVATION, and agree to abide by any and all copyright notices displayed on the Service.  You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service.  Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service.

 

Although OUR PRESERVATION does not claim ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to OUR PRESERVATION an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing.  Furthermore, by posting Content to any public area of the Service, you automatically grant OUR PRESERVATION all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose.

 

 

 

9.  Disclaimer of Warranties

 

YOU AGREE THAT USE OF THE OUR PRESERVATION SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK.  THE OUR PRESERVATION SITE AND THE SERVICE ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND.  ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.

 

10.  Indemnity

 

You agree to indemnify and hold OUR PRESERVATION, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the TOU, your breach of any of the representations and warranties herein, or your violation of any rights of another.