Terms & Conditions

Changes

Content and Limitations on Use

Except for any Submitted Content (defined below), as between you and LOH, all content contained on or accessed from the Site, including streamed content, text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, videos, images, applications, programs, computer code and other information (collectively, the “Content”), including but not limited to the design, layout, “look and feel” and arrangement of such Content, is owned by LOH and is protected by copyright, trademark and/or other intellectual property and unfair competition laws. You may print or download Content from the Site for your own personal, non-commercial, informational use, solely in accordance with the terms hereof and/or of any agreement or arrangement between you and LOH, provided that you keep intact all copyright and other proprietary notices. You may not copy, display, distribute, modify, publish, reproduce, store, transmit, post, translate or create other derivative works from, exploit, use, sell, rent or license all or any part of the Content, products or services obtained from the Site in any medium to anyone, except as otherwise expressly permitted under these Terms and Conditions, or any relevant license or subscription agreement or authorization by us. You may not reverse engineer, disassemble, decompile or translate any software in the Content, or otherwise attempt to derive the source code of such software, except to the extent expressly permitted under applicable law, without our prior written permission. Unless expressly authorized by us, you may not use any robots, spiders, crawlers or other automated downloading programs, algorithms or devices, or any similar or equivalent manual process, to: (i) continuously and automatically search, scrape, extract, deep link or index any Content;(ii) harvest personal information from the Site for any purposes, including, without limitation for sending unsolicited or unauthorized material; or (iii) cause disruption to the working of the Site or any other person’s use of the Site. You may not attempt to gain unauthorized access to any portion or feature of the Site, any other systems or networks connected to the Site or to any LOH server, or any of the products or services provided on, accessed from or distributed through the Site. You will not circumvent, disable or attempt to circumvent or disable any Site or Content security measures, devices, warnings or firewalls. You may not use the Site to publish or distribute any information (including software or other content) which is illegal, which violates or infringes upon the rights of any other person or entity, which is misleading, defamatory, abusive, hateful, profane, pornographic, threatening or vulgar, which contains errors, viruses or other harmful components, which violates or encourages anyone to violate these Terms and Conditions, or any applicable law, rule and/or regulation, or which is otherwise actionable at law. If and to the extent LOH makes available forums, message boards, or interactive features available to users and visitors, any information, messages, or content posted in these areas may be collected and used by third-parties, without your consent. LOH is unable to control any such third-parties, or any message or content posted by same, and disclaims any responsibility for use, appropriation or exploitation of content, messages or information posted by users or visitors the site. You may not, without the approval of LOH, use the Site to publish or distribute any advertising, promotional material, or solicitation to other users of the Site to use any goods or services. For example (but without limitation), you may not use the Site to conduct any business, to solicit the performance of any activity that is prohibited by law, or to solicit other users to become subscribers of other information services. Any questions about whether a particular use is authorized and any requests for permission to publish, reproduce, distribute, display or make derivative works from any LOH published works, images or other material should be directed to EverBright Media at [email protected].

Content Submitted By You

LOH offers you the opportunity to submit certain Content to LOH, whether via the Site or by other online or offline means (“Submitted Content”). You acknowledge and agree that (i) LOH has no obligation to use or respond to any Submitted Content; (ii) the provision of Submitted Content by you in no way imposes any obligation on LOH, whether of confidentiality, review, approval, attribution, use or otherwise, and LOH shall not be liable for any use or disclosure of any Submitted Content; (iii) all Submitted Content is accurate and does not violate the copyright, trademark, patent, trade secret or any other right of any third party; (iv) you own or control 100% of the rights in all Submitted Content and will not provide any Submitted Content which contains any names, voices, images, biographical information, graphics, designs, logos, page headers, button icons, scripts, commercial markings, trade dress, service names or any other copyrighted and/or proprietary materials of any third party (collectively, the “Third-Party Materials”), unless you have first secured the right to use same, as set forth more fully below; (v) you hereby waive any and all claims (including, without limitation, claims based upon copyright or trademark infringement, invasion of privacy, defamation, false light, or right of publicity) arising out of any use of the Submitted Content or of your name, image, likeness, voice and/or biographical information or that of any third party which is included therein; and (vi) Submitted Content may be subject to size and usage limitations, and you are responsible for adhering to such limitations. You acknowledge and agree that LOH has the absolute right to review and monitor all Submitted Content in its sole discretion, and that LOH reserves the right to alter, edit, refuse to use or remove any Submitted Content, in whole or in part, for any reason or for no reason, and to disclose such Content and the circumstances surrounding its transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect LOH, visitors to the Site, service providers and/or other third parties, in LOH’s sole discretion. You agree that you shall immediately notify LOH in writing of any objectionable Submitted Content or other Content appearing on the Site. By submitting Submitted Content to LOH, you automatically grant to LOH and its agents, successors, licensees and assigns the non-exclusive, irrevocable, transferable, sub-licensable, royalty-free, fully-paid right and license to use, edit, modify, interpolate, digitize, reproduce, publish, distribute and/or exploit such Submitted Content, either by itself, or in combination with other materials, and to use your voice, name, likeness, image and/or biographical information in and in connection therewith, throughout the universe, in perpetuity, in any and all media now known or hereafter devised, for any and all purposes, including, without limitation in any and all advertising, marketing, publicity and/or promotional materials. LOH shall not be limited in any way in its use, commercial or otherwise, of any such Submitted Content, and you hereby waive any moral rights in, or approval rights to the use of, such Submitted Content. Without limiting any other provisions of these Terms and Conditions, if any of your Submitted Content includes any Third-Party Materials, you represent and warrant that you have an irrevocable, transferable, sub-licensable, written license to use, and to permit others to use, such Third-Party Materials, to the same extent as set forth above, free and clear of any obligation of compensation to you or anyone else, and you hereby sublicense all such rights to LOH on a non-exclusive, irrevocable, transferable, sub-licensable, royalty-free, fully-paid basis.

Commercial Transactions; Accounts

Our products are offered for sale through the Site. In the event you wish to purchase any of these products, you will be asked by LOH or an authorized third party on LOH’s behalf to register a Site account (“Account”) by supplying certain information to us, including without limitation, your full name, address and credit card information. You agree to comply with the terms and conditions of any ancillary agreement or policy on the Site that governs your purchase of any product, including, without limitation, LOH’s policies concerning shipments, cancellations, and returns, all of which are incorporated herein by reference. Your right to any product that is available for purchase through the Site is conditional on such product’s availability and our receipt of the appropriate payment for such product. If such payment cannot be charged to your credit card or if a charge is refunded for any reason, including by virtue of any chargeback, your transaction may be voided without further notice. You shall be responsible for paying all applicable taxes arising out of any purchase made by you or otherwise made under your Account through the Site. When you register your Account, you will receive a user ID and/or password to access that Account. You agree not to allow any third party to use your Account to access any portion of the Site and to safeguard the information that would allow another person to access the Site by using your Account. You also agree that you are fully responsible for all activities that occur under your Account, including without limitation your failure to safeguard information and/or to permit any other person to access or use the Site using your Account. No Account may be sold or otherwise transferred to another person. You will notify LOH immediately of any unauthorized use of your Account or the Site. LOH shall not be liable for any damage and/or loss that result from the unauthorized use of any Account, either with or without an Account holder’s knowledge or permission. You agree to be fully responsible for all charges incurred under your Account. You agree to provide us with accurate, complete and current information during registration and when making a purchase, and to update information provided to us if and as soon as such information should change. LOH has the right, at its sole discretion, to (i) suspend and/or revoke your Account and/or (ii) block your access to the Site at any time, for any reason or no reason.

Notification of Infringement

Notifications regarding any alleged intellectual property infringement should be directed to Learn Our History LLC by email addressed to [email protected].

Other Terms and Conditions

Additional terms and conditions may apply to purchases of goods or services, to specific portions or features of the Site, and to subscriptions or licenses with institutions with which you may be employed or affiliated. If there is a conflict between these Terms and Conditions and the terms that are posted for or applicable to a specific portion of the Site, for any service offered on or through the Site, or set forth in an institutional subscription or license agreement, the latter terms shall control with respect to your use of that portion of the Site, the specific service or the subscribed or licensed product. LOH does not intend to engage in commercial transactions with minors. Anyone under the age of 18 accessing or visiting the Site should have the permission of his or her parent or legal guardian as a condition to doing so; and LOH strongly urges that parents and/or legal guardians monitor the internet access or usage of the minors for whom they are responsible.

Links

The Site may contain links to third-party sites or resources. LOH does not endorse or have control over such sites or resources, and is not, directly or indirectly responsible or liable for: (i) any content, advertising, products, services terms and conditions and/or any other materials on or available from such sites or resources; (ii) the availability of such sites or resources; (iii) any damage or loss caused or alleged to be caused by or in connection with your interaction with such third party sites or resources. Transactions that occur between you and any third party are strictly between you and such third party and are not the responsibility of LOH. Because LOH is not responsible for the availability or accuracy of these outside resources or their contents, you should review the terms and conditions and privacy policies of these linked sites, as their policies may differ from ours. LOH does not claim ownership, endorse or take responsibility for any third-party products, information, guidelines, materials or services that may be offered, advertised, provided or displayed on the Site or incorporated in the Content, any Submission, or any products or services contained on, accessible from or distributed through the Site.

Disclaimer of Warranties and Liability

Neither LOH nor its suppliers, nor any of their respective shareholders, members, directors, officers, employees, agents, consultants and/or representatives (collectively, the “LOH Parties”) make any representation and/or warranty whatsoever, including without limitation, that the operation of the Site will be uninterrupted or error-free; that any defects will be corrected; that the Site or any Submission or Content, including the servers that makes any of the foregoing available, is free of viruses or other harmful components; or as to the accuracy, completeness, reliability, availability, suitability, quality, non-infringement, operation or result obtained from the use of any Content, product or service provided on, accessible from or distributed through the Site. THE SITE AND ALL CONTENT, PRODUCTS AND SERVICES INCLUDED IN OR ACCESSIBLE FROM THE SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND (EXPRESS, IMPLIED AND STATUTORY, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF TITLE AND NONINFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE), ALL OF WHICH THE LOH PARTIES DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW. YOUR USE OF THE SITE AND ITS CONTENT, PRODUCTS AND SERVICES IS AT YOUR SOLE RISK. Without limiting the foregoing, LOH shall not be liable for any lost, altered or corrupted information, or the non-availability of the Site, for any reason. To the extent permitted under applicable law, the LOH Parties assume no responsibility for any injury and/or damage to any person, entity, animal or property as a matter of products liability, negligence or otherwise, or from any use or operation of the Site and /or any ideas, instructions, methods, products or procedures contained therein. TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL ANY OF THE LOH PARTIES BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR SIMILAR LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SITE OR ITS CONTENT, PRODUCTS OR SERVICES, WHETHER CAUSED OR UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, LOSS OF GOODWILL OR BUSINESS REPUTATION, BUSINESS INTERRUPTION AND/OR ANY OTHER TANGIBLE OR INTANGIBLE LOSS OR DAMAGE. IN NO EVENT SHALL ANY OF THE LOH PARTIES’ AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY EXCEED A SUM EQUAL TO THE FEES PAID BY YOU HEREUNDER OVER THE 6 MONTHS PERIOD PRECEDING ANY CLAIM UNDERLYING SUCH LIABILITY, EVEN IF ANY OF THE LOH PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OCCURING.

Indemnification

You hereby agree to defend, indemnify and hold each of the LOH Parties harmless from and against any and all third-party claims, losses, damages, demands, and/or costs, including, without limitation, reasonable attorneys’ fees and disbursements, arising out of or in connection with your: (i) Submitted Content, (ii) use of or inability to use the Site or its Content, products or services, (iii) breach or alleged breach hereof and/or (iv) actual or alleged negligence or willful misconduct. You shall provide all applicable LOH Parties with prompt written notice of any claim covered by this paragraph, and you shall have the right and duty to assume the control of the defense thereof with counsel reasonably acceptable to each such LOH Party; provided, however, that each such LOH Party may, at any time, take part in and/or to fully assume such defense, at its own expense and in its sole discretion, and without limiting any of your indemnity obligations herein. You agree not to enter into any settlement that any of the LOH Parties believes is adverse to its interests without receiving the prior written consent of each such party.

Compliance

You represent and warrant that (i) you have read, accept and will abide by these Terms and Conditions, as same may be updated from time to time; (ii) you will, at all times, comply with all applicable laws, rules, statutes, ordinances and regulations; (iii) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (iv) you are not listed on any U.S. Government list of prohibited or restricted parties.

Governing Law and Venue

All matters relating to your access to or use of the Site, including all disputes, shall be governed by and construed in accordance with the laws of the State of Florida, USA, without regard to its conflicts of law principles. The exclusive jurisdiction and venue with respect to any action or suit arising out of or pertaining to the subject matter hereof shall be the courts of competent jurisdiction located in the State of Florida, USA. Any claim arising out of or in connection with your use of or inability to use the Site or its Content, products or services must be brought within one (1) year after the event or such claim is barred.

General

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created between you and LOH by these Terms and Conditions. You may not assign these Terms and Conditions in whole or in part without LOH’s prior, written consent. LOH may license or assign these Terms and Conditions and/or all or any part of its rights hereunder to any persons or entities whatsoever. If any provision of these Terms and Conditions is held to be invalid by a court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. Paragprah headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such paragraph. LOH’s failure to act with respect to a breach by you or others does not waive LOH’s right to act with respect to subsequent or similar breaches. You agree that if LOH does not exercise or enforce any legal right or remedy which is contained in these Terms and Conditions (or which LOH has the benefit of under any applicable law), this will not be taken to be a formal waiver of LOH’s rights and that those rights or remedies will still be available to LOH.

Dated: June 4, 2020