Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website, 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 the Website or use any services. If these terms and conditions are considered an offer by Houstory, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
1. Your THR Account and Site. If you create an account and registry on the Website, you are responsible for maintaining the security of your account and registry, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the registry. Houstory reserves the right to change or remove any material posted to the Website that it considers inappropriate, unlawful, harmful, or otherwise likely to cause Houstory liability, harm or damage. You must immediately notify Houstory of any unauthorized uses of your account, your registry or any other breaches of security. Houstory 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 registry, comment on a registry, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (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:
(a) the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, contract, licensing or trade secret rights, of any third party;
(b) the Content does not contain or install any harmful, destructive, or self-promulgating content, including without limitation viruses, worms, malware, or Trojan horses;
(c) 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);
(d) the Content 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 Content is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, blogs and Websites, and similar unsolicited promotional methods;If you delete Content, Houstory will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable. Without limiting any of those representations or warranties, Houstory has the right (though not the obligation) to, in Houstory’s sole and absolute discretion:
(i) refuse or remove any content;
(ii) (terminate or deny access to and use of the Website to any individual or entity;
(iii) Share any provided information with law enforcement when reasonably necessary to comply with court orders or the authority of any jurisdiction where Houstory does business or has assets.
3. Payment and Renewal. Registry numbers must be purchased prior to adding, deleting or otherwise editing content on the registry. After that initial payment, you will have access to the portions of the Website that allow user-generated content, pursuant to the terms of this agreement.
4. Responsibility of Website Visitors. Houstory has not reviewed, and cannot review, all of the material posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Houstory does not represent or imply that it endorses the material posted on it, 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. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website 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. Houstory disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of Content.
5. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which THR links, and that link to THR. Houstory does not have any control over those non-THR websites and webpages, and is not responsible for their contents or their use. By linking to a non-THR website or webpage, Houstory does not represent or imply that it endorses such website or 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. Houstory disclaims any responsibility for any harm resulting from your use of non-THR websites and webpages.
6. Copyright Infringement and DMCA Policy. As Houstory 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 THR violates your copyright, you are encouraged to notify Houstory in accordance with Houstory’s Digital Millennium Copyright Act (“DMCA”) Policy. Houstory will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Houstory will terminate a user’s use of the Website if, under appropriate circumstances, the user is determined to be a repeat infringer of the copyrights or other intellectual property rights of Houstory or others. In the case of such termination, Houstory will have no obligation to provide a refund of any amounts previously paid to Houstory.
7. Intellectual Property. This Agreement does not transfer from Houstory to you any Houstory or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Houstory. Houstory, THR, the THR logo, and all other trademarks, service marks, graphics and logos used in connection with THR, or the Website are trademarks or registered trademarks of Houstory or Houstory’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Houstory or third-party trademarks.
8. Changes. Houstory reserves the right, at its sole discretion, to modify,replace, supplement or delete any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes complete and irrevocable acceptance of those changes. If any future changes are unacceptable to you or cause you not to be in compliance with this agreement,you must immediately stop using the Website. Specifically:
a) Houstory may, in the future, offer new services and/or features through the Website (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 unless otherwise stated;
b) Houstory may, in its sole and absolute discretion, limit, terminate or discontinue any service, including the Website, at any time. In such event, Houstory will attempt to provide reasonable notice, but has no obligation to do so. In such event, this agreement will continue through the last day of service, and then terminate in accordance with the Termination provisions below.
c) Houstory may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
9. Termination. Houstory may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your THR account (if you have one), you may simply discontinue using the Website. Houstory can terminate the Website immediately as part of a general shut down of our service. 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.
10. Transfer. You may transfer your rights and obligations under this contract by transferring ownership of the physical object to which the THR number has been assigned. The recipient of the object becomes a party to this agreement upon use of the Website. You remain a party if you continue to use the Website; otherwise, you may Terminate this Agreement in accordance with the Termination provision above.
11. Disclaimer of Warranties. The Website is provided “as is”. Houstory 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 Houstory nor its suppliers and licensors, makes any warranty that the Website 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, the Website at your own discretion and risk.
12. Limitation of Liability. In no event will Houstory, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, tort (including 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 Houstory under this agreement during the twelve (12) month period prior to the cause of action. Houstory 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, even if any remedy fails of its essential purpose
13. Force Majeure. Neither Houstory or its suppliers and licensers will be liable for any delay or failure to perform caused by acts outside their control, or unforeseen circumstances outside their control, including without limitation acts of God, acts of military or civil authorities, terrorism, strikes, or shortages of materials or energy.
15. Indemnification. You agree to indemnify and hold harmless Houstory, 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 Website, including but not limited to your violation of this Agreement.
16. Binding Effect and Merger. This Agreement constitutes the entire agreement between Houstory and you concerning the subject matter hereof, and it may only be modified by a written amendment signed by an authorized executive of Houstory, or by the posting by Houstory of a revised version.
17. Govering Law and Choice of Forum. This Agreement shall be governed by and construed in accordance with the internal laws of the State of Washington, without regard to its conflicts of laws principles, and the intellectual property laws of the United States of America. You further irrevocably consent to exclusive jurisdiction and venue in the Washington state courts located in Whatcom County.
You agree that United States intellectual property laws will exclusively govern any intellectual property subject to this contract and no other conventions or rights, state or international, will have any effect in the application, enforcement, performance or adjudication of this contract.
You also agree that any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Seattle, Washington, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. The decision of the arbitrator shall be final and binding. The prevailing party shall be entitled to all filing fees, related administrative costs, and the costs of enforcing the award, including reasonable Attorney’s Fees.
18. Severability and Waiver. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
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