THE HISTORICAL GAME COMPANY, LLC
D/B/A THGC PUBLISHING (THE “COMPANY”)
LINKS. As a convenience to you, some of the web pages on the Web Site may contain links to web sites not maintained by the Company. The linked sites are not under the control of, and the Company is not responsible for, the contents of any web site to which it is linked or any viruses, content, or disputes resulting from your access to such third party sites. The inclusion of any link does not imply endorsement, approval, or sponsorship by the Company or the linked site of one another. Further, certain portions of the Web Site may contain posts or comments by third parties. The Company is not responsible for the contents of any third party posts or comments or any viruses, content, or disputes resulting from your access of such third party posts or comments. You shall not upload, post, transmit, or otherwise make available in any way through the Web Site any software or other materials that contain a computer virus, Trojan horse, bug, time bomb, worm, or other rogue programming.
AVAILABILITY OF PRODUCTS; RETURNS. The Company shall not be liable for failure or delay in its performance to supply any products, information or services, to the extent caused by an event beyond its reasonable control. If the Company is unable to supply the total requirements of its customers, the Company may allocate its available supply among its customers in a manner determined by the Company to be fair and equitable, in its sole discretion.
The Company is not obligated to provide any support with respect to its products, information and services and may make changes to its products, information and services without notice or duty to provide updated versions of products or information.
The Company shall not be required or obligated to accept any returns of products. All sales are final. Purchasers are responsible for all shipping costs and any applicable taxes, custom duties, or fees. The Company shall not be responsible for any improper mailing address provided to the Company.
INDEMNITY. You agree to fully defend and indemnify and hold the Company harmless from and against any and all claims, liabilities, and costs (including reasonable attorney’s fees and costs) related to: (1) your use of any of the Company’s products, information or services to the maximum extent allowed by law; or (2) your violation of the terms and conditions of this Agreement.
COPYRIGHT INFRINGEMENT NOTIFICATION
(DIGITAL MILLENNIUM COPYRIGHT ACT)
- Copyright Holder Information. If you believe your copyright protected work was posted on the Web Site without authorization, you may submit a copyright infringement notification. These requests should only be submitted by the copyright owner or an agent authorized to act on the owner’s behalf.
If you request removal of content by submitting an infringement notification, please be advised that you are initiating a legal process and misuse of this process may have legal consequences. Do not make false or unauthorized notifications.
To submit a copyright infringement notification please send an email to Stephen L. Kling, Jr., manager at email@example.com (subject line: “DMCA Notification”) including your contact information (name, location with mailing address, telephone, and email), specific information concerning the work you are seeking to protect and your rights thereto, and identification information (such as the specific URL and username) for the infringing content and alleged violator. In addition, your notification must include the following statement verbatim: “I have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law and the information in this notification is accurate, and under penalty of perjury, I am the owner, or an agent authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.” Finally, please include your full legal name typed at the end of the email as your signature evidencing that you are the copyright owner or a representative authorized to act on the owner’s behalf.
Please be advised that the Company may send the infringement notice to the alleged infringer or, if the Company has any reason to suspect the validity of your complaint, to the rights holder. Please also note that a copy of each legal notice received by the Company may be sent to the Chilling Effects project (http://www.chillingeffects.org) for publication and annotation. It is our understanding at the time of posting these terms, that it is Chilling Effects’ policy to redact the submitter’s personal contact information (i.e. phone number, e-mail and address).
- User Information. If you believe that your user submission or other content, which was removed (or to which access was disabled) pursuant to the above provision, is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your user submission, then you may send a counter notification to Stephen L. Kling, Jr., manager at firstname.lastname@example.org (subject line: “DMCA Notification”). The counter notification must include your contact information (name, location with mailing address, telephone, and email), specific information identifying the content that has been removed or to which access has been disabled (including the location, such as the specific URL, at which the content appeared before it was removed or disabled), a statement that you consent to jurisdiction of the federal court located in St. Louis City, Missouri, a statement that you will accept service of process from the person who provided notification of the alleged infringement or an agent of such person, and a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content.
Please be advised that the Company may send the counter notice to the original complaining party informing that person that it may replace the removed content or cease disabling it within 10 business days. Unless the copyright owner files an action seeking a court order against the user who submitted the content, the removed content may be replaced, or access to it restored, in 10 to 14 business days following receipt of the counter notification, at the sole discretion of the Company. Please also note that a copy of each counter notice received by the Company may be sent to the Chilling Effects project (http://www.chillingeffects.org) for publication and annotation. It is Chilling Effects’ policy to redact the submitter’s personal contact information (i.e. phone number, e-mail and address).
The Company’s designated agent to receive notification of claimed infringement is: Stephen L. Kling, Jr., 12380 Whitworth Terrace Court, St. Louis, Missouri 63141, email@example.com. Please send all notifications via e-mail as described above.
ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between you and the Company regarding the Company’s products, information or services, and supersedes all prior communications, negotiations, understandings, agreements or representations, either written or oral, if any. This Agreement may only be amended in written form, executed by you and the Company.
NO WAIVER. The waiver by the Company of any breach of any provision of this Agreement will not operate or be construed as a waiver of any other or a subsequent breach of the same or a different provision.