This Terms of Service is our terms and service that governs our relationship with users and others who interact with HistoryEx.com. By using or accessing the services provided, you agree to this statement as updated from time to time. Any statements made by the user of HistoryEx.com are solely the opinion of the user and do not always reflect the views of HistoryEx.com. The user is solely responsible for any statements that they make on HistoryEx.com. It is the user’s responsibility, to make truthful statements and refrain from making any posts based off gossip and/or rumor. If a user has proof of a misleading statement that has been uploaded to HistoryEx.com, we ask that the user contact us with the proof of the invalid statement so we can remove it from the site. HistoryEx.com discourages any bullying, vulgar language, obscene comments, misleading comments, discriminatory comments or unlawful comments. HistoryEx.com does not claim ownership and/or authorship of any content you post. However, by posting content on HistoryEx.com you grant HistoryEx.com and all of its users a royalty-free, transferable, perpetual, and irrevocable license permitting HistoryEx.com and all of its users a right to use, reproduce, modify, edit or remove and display in any manner the content you post on HistoryEx.com. By posting content on HistoryEx.com you represent and warrant that you possess any and all rights to grant such a license to HistoryEx.com and its users without infringing or violating any third party rights, including without limitation, any privacy right, publicity rights, copyrights, trademarks, contact rights, or any other intellectual property or proprietary rights. You agree that we are not liable for any content that is provided or posted by you or others as stated in U.S. Code Unannotated Title 47. Telecommunications 230. We have no duty to pre-screen your content of others, but we have the right to refuse to post or to edit submitted content. You understand and acknowledge that by using HistoryEx.com, you may be exposed to content that may be offensive, indecent or objectionable. HistoryEx.com reserves the right to remove any posts, if a post is found to violate any of these terms and conditions. HistoryEx.com and its administrators are not responsible for any failure or delay in removing any content. HistoryEx.com does not claim ownership of the content you submit, but you grant us license to use the content. You agree that HistoryEx.com may access, preserve and disclose your content if required by law or in good faith belief that such access, preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these Terms of Service; (iii) respond to claims that any content violates the rights of third parties; (iv) respond to your requests for customer service; (v) protect the rights, property or personal safety of HistoryEx.com, its users and the public. You understand that HistoryEx.com site may include security components that permit digital materials to be protected, and that the use of our site is subject to the usage rules set by HistoryEx.com and/or content providers who provide content to HistoryEx.com. You may not attempt to override or circumvent any of the embedded usage rules. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the website, in whole or in part, is strictly prohibited. You understand that no “spamming” is permitted anywhere on HistoryEx.com at any time. You will not post or transmit links, identical content, or snippets of identical content to multiple posts. You will not create more than one post for your relationship, or create multiple posts for a single relationship. Transmitting any such identical messages indiscriminately to multiple posts and/or creating multiple posts constitute an unauthorized use, is in violation of these Terms of Service and is prohibited. You understand that HistoryEx.com may, at any time, in its sole discretion, determine what user activity constitutes “spamming” and that HistoryEx.com reserves the right to employ any means and methods of technology, including, but not limited to rate limiting, content filters and captchas to prevent automated posting of duplicate content. Any attempt to reverse engineer, bypass or publicize these systems is similarly prohibited. Users of HistoryEx.com give up their right to class action against the site or its administrators. If a user feels that a certain post violates these terms and conditions, the user is encouraged to contact HistoryEx.com with the information from the post. The post will be reviewed by HistoryEx.com and if found to be in violation, the post will be removed. By using HistoryEx.com, you also agree to the following important terms and conditions, which are included in and made part of these Terms of Services. Please read them carefully. At HistoryEx.com, we strive to make the dating world a safer place for singles and appreciate your input.
Disclaimer of Warranties and Limitation of Liability:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. HISTORYEX.COM AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
HISTORYEX.COM AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HISTORYEX.COM OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
HISTORYEX.COM AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF HISTORYEX.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SERVICES; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (e) ANY OTHER MATTER RELATING TO THE SERVICES
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
THE FAILURE OF HISTORYEX.COM TO EXERCISE OR ENFORCE ANY RIGHT OR PROVISION OF THE TERMS OF SERVICE SHALL NOT CONSTITUTE A WAIVER OF SUCH RIGHT OR PROVISION. IF ANY PROVISION OF THE TERMS OF SERVICE IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE INVALID, THE PARTIES NEVERTHELESS AGREE THAT THE COURT SHOULD ENDEAVOR TO GIVE EFFECT TO THE PARTIES’ INTENTIONS AS REFLECTED IN THE PROVISION, AND THE OTHER PROVISIONS OF THE TOS REMAIN IN FULL FORCE AND EFFECT
Disclaimers Applicable to User Generated Forums
By creating a post, you acknowledge and agree that you are not an implied, actual or apparent agent, in any fashion, of HistoryEx.com. You further acknowledge and agree that you do not possess any implied authority, apparent authority, actual authority and/or express authority to act in any fashion on behalf of HistoryEx.com and that all of your actions in connection with your creation of a post on HistoryEx.com website are at your sole risk. You agree and acknowledge that HistoryEx.com provides a service to you and may discontinue this service at any time for any reason. You agree that any and all posts are expressly subject to all of the other provisions in HistoryEx.com’s terms of service which remain in full force and effect and that HistoryEx.com may remove a post or any portions thereof at any time.
You agree to defend, indemnify and hold HistoryEx.com and its subsidiaries, affiliates, shareholders, officers, agents, employees, partners and licensors harmless from and against any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit, modify or otherwise make available through the HistoryEx.com’s site or services, your use of the HistoryEx.com site or services, your connection to the HistoryEx.com site, your violation of the Terms of Service, or your violation of any rights of another.
You agree that the Terms of Service and the relationship between the parties shall be governed by the laws of the State of Arkansas without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the Terms of Service, or the relationship between you and HistoryEx.com, shall be brought exclusively in the courts located in the county of Johnson, Arkansas. You agree to submit to the personal jurisdiction of the courts located within the county of Johnson, Arkansas, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
Digital Millennium Copyright Act
It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (the text of which can be found at the U.S. Copyright Office Web Site, http://www.copyright.gov/) and other applicable intellectual property laws, which may include removing or disabling access to material claimed to be the subject of infringing activity. If we remove or disable access to comply with the Digital Millennium Copyright Act, we will make a good-faith attempt to contact the owner or administrator of each affected site so that they may make a counter notification pursuant to sections 512(g)(2) and (3) of that Act. It is our policy to document all notices of alleged infringement on which we act. A copy of the notice will be sent to a third party who will make it available to the public.
To file a notice of infringement with us, you must provide a written communication (by email, except by prior agreement) that sets forth the items specified below. Please note that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that a product or activity is infringing your copyrights. Accordingly, if you are not sure whether certain material of yours is protected by copyright laws, we suggest that you first contact an attorney.
To expedite our ability to process your request, please use the following format:
- Identify in sufficient detail the copyrighted work that you believe has been infringed.
- Identify the material that you claim is infringing the copyrighted work listed in item #1 above.
- Provide information reasonably sufficient to permit HistoryEx.com to contact you (email address is preferred).
- Provide information, if possible, sufficient to permit HistoryEx.com to notify the owner/administrator of the web page that allegedly contains infringing material (email address is preferred).
- Include the following statement: “I have a good faith belief that use of the copyrighted materials described above on the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law.”
- Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
- Sign the paper.
- Email the letter to HistoryEx.com
The administrator of an affected site may make a counter notification pursuant to sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. When we receive a counter notification, we will reinstate the material in question.
To file a counter notification with us, you must provide a written communication (by email, except by prior agreement) that sets forth the items specified below. Please note that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that a product or activity is not infringing the copyrights of others. If you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact an attorney.
To expedite our ability to process your counter notification, please use the following format:
- Identify the specific URLs of material that HistoryEx.com has removed or to which HistoryEx.com has disabled access.
- Provide your name, address, telephone number, email address, and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
- Include the following statement: “I swear, under penalty of perjury, that I have a good faith belief that each search result or message identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”
- Sign the paper.
- Email the letter to HistoryEx.com
As a provider of space for advertisements, please note that HistoryEx.com is not in a position to arbitrate trademark disputes between the advertisers and trademark owners. As stated in our Terms and Conditions, the advertisers themselves are responsible for the ad text that they choose to use. Accordingly, we encourage trademark owners to resolve their disputes directly with the advertisers, particularly because the advertisers may have similar advertisements on other sites.
If you are a trademark owner (or represent a trademark owner) and have an objection to an advertiser’s use of your trademark in ad text that is consistent with the foregoing, please provide the following information in a signed letter on company stationary:
- Name of Company
- Contact information (including email address)
- List of trademark(s) at issue and the country/countries in which it is registered
- The identity of the advertisement(s) at issue (via the URL stated on the bottom line of the ad)
- The content in the advertisement that concerns you.
- If your site has an affiliate program, are affiliates permitted to use the trademark in the advertisement’s content?
- Include the following statement: “I have a good faith belief that use of the trademarks described above with the advertisements described above is not authorized by the trademark owner or its agent, nor is such use otherwise permissible under law.”
- Include the following statement: “I represent that the information in this notification is true and correct and that I am authorized to act on behalf of the trademark owner.”
- Your signature.
- Email the letter to HistoryEx.com
Please Note: The foregoing procedure applies only to the use of trademarks in advertisements, which are clearly marked as advertisement on our pages. We do not take action on objections to the use of trademarks in site to which we link. For any such objections, please contact the site owner directly.
HistoryEx.com respects and protects the privacy of the individuals that use HistoryEx.com’s services. Individually identifiable information about you is not willfully disclosed to any third party without first receiving you permission or valid legal process such as a search warrant, subpoena, statute, or court order.
HistoryEx.com and Cookies
Third Party Cookies
In the course of serving advertisements to this site, our third-party advertiser may place or recognize a unique “cookie” on your browser.
What Information Do We Collect?
HistoryEx.com does not collect any unique information about you (such as your name, email address, etc.) except when you specifically and knowingly provide such information. HistoryEx.com notes and saves information such as time of day, browser type, browser language, mobile device identifiers, and IP address. That information is used to verify our records and to provide more relevant services to users. For example, HistoryEx.com may use your IP address or browser language to determine which language to use when showing search results or advertisements.
Links to Other Sites
With Whom Does HistoryEx.com Share Information?
HistoryEx.com may share information about you with advertisers, business partners, sponsors, and other third parties. However, we only divulge aggregate information about our users and will not share personally identifiable information with any third party without your express consent. For example, we may disclose how frequently the average HistoryEx.com user visits HistoryEx.com, or which HistoryEx.com pages are most often used. Please be aware, however, that we will release specific personal information about you if required to do so in order to comply with any valid legal process such as a search warrant, subpoena, statute, or court order. Further, HistoryEx.com reserves the right to cooperate with legitimate law enforcement requests for information at its sole discretion.
We do not knowingly collect personal information from children. We forbid the use of HistoryEx.com by anyone less than 18 years of age. HistoryEx.com also forbids any post from being made that contains any information about anyone under the age of 18 years old. If HistoryEx.com learns of a post that violates this section, HistoryEx.com will remove the post from the site.
Third Party Advertising
Geo Location Services
HistoryEx.com may, through its website, iPhone applications and related sites, request your location via a geolocation service. Through this service HistoryEx.com may collect, depending on the capabilities of your device, information about the Wi-Fi routers closest to you, identifying information related to the cell towers closest to you, and the strength of your Wi-Fi or cell signal. HistoryEx.com will use this information to return an estimated location. This information (including your IP address) may then be used by HistoryEx.com to develop new features, products or services. This information may also be shared on an aggregated or individual basis with our third party advertisers to display better-targeted advertising content.
Information Which is Transmitted Through Your Mobile Access to HistoryEx.com’s Services
- As with any online internet web application, we may receive your browser history and the pages you have visited on HistoryEx.com and any searches you have performed through the mobile application. You agree and acknowledge that HistoryEx.com may use this information to improve its services to you. You further agree and acknowledge that HistoryEx.com’s third party business partners may also have access to this information and may utilize this information to improve their services to you.
- Location Information. Through your use of HistoryEx.com and following your acknowledgment and permission that HistoryEx.com may have access to the location of your mobile device, HistoryEx.com may possess real time information regarding your geographical location based on longitude and latitude parameters that are determined through your mobile device (“Location Information”). You agree and acknowledge that, if you allow transmission of your Location Information, HistoryEx.com may analyze the Location Information to enhance your user experience in real time by sending data, information and/or advertisements to your mobile device related to the geographical area your mobile device indicates it is located, including tips from select participating partners, including local businesses, who may utilize this information to engage with you. You further agree and acknowledge that, in order for HistoryEx.com to enhance your user experience in real time through analysis of your Location Information, HistoryEx.com may possess a temporary record of your last logged Location Information until your real time current Location Information replaces the last logged Location Information.
- You acknowledge and agree that HistoryEx.com’s third party business partners and advertisers do have the ability to collect, store and utilize your Location Information for marketing purposes to send you notifications and/or advertisements for products and services. You acknowledge and agree that HistoryEx.com may share your Location Information with select third party business partners who may also use such Location Information to improve their services and assess your level of engagement with them.
- You may be able to adjust the settings on your mobile device to prevent transmission of your Location Information based on the functionality of your mobile device. You should be able to adjust the settings on your iOS mobile device to prevent our collection of Location Information by disabling the location services feature on your device. You should be able to adjust your settings on your Android mobile device to prevent our collection of Location Information by disabling Bluetooth and Location. Based on the type of mobile device you use to access HistoryEx.com’s services, HistoryEx.com may be able to collect Location Information even if you are not logged onto HistoryEx.com’s application.
- Depending on the mobile platform that you use to access HistoryEx.com services, HistoryEx.com may receive information regarding your mobile device such as your mobile device’s make, model and operating system (“Mobile Device Information”) and HistoryEx.com may use this to enhance your user experience. Further, you agree and acknowledge that HistoryEx.com may share this Mobile Device Information with its third party business partners and advertisers so that they can improve their services with you. These third party business partners and advertisers may send you advertisements or other information or notifications based on evaluation of Mobile Device Information and also assess your level of engagement with them.
- com does not have access to or receive in any fashion any personal identifying information such as your name, cellular phone number, age, sex, associated electronic mail or any other information that personally identifies you unless you voluntarily provide such information to HistoryEx.com or post such information on the HistoryEx.com website or mobile application.