THE HISTORICAL GAME COMPANY, LLC
D/B/A THGC PUBLISHING (THE “COMPANY”)
WEBSITE AND FORUM TERMS OF USE
GENERAL. By accessing or otherwise using this web site, or any part thereof, accessing, using, or participating in any forum or thread accessed through this web site and maintained by the Company, (the web site together with all forums or threads accessed through this web site and maintained by the Company are hereinafter referred to as the “Web Site”), by otherwise submitting content to the Company whether publicly on the Web Site, privately, or otherwise, or purchasing or attempting to purchase any products, information, or services of the Company, you hereby agree to accept and be bound by all of the following terms of use, together with any and all community rules, forum rules, and privacy policies established by the Company from time to time. Therefore, please read these terms of use to ensure you understand and agree. The material located on the Web Site is for informational purposes only, is general in nature, and is provided "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Your use of the Web Site is at your own risk and the Company assumes no liability or responsibility for any errors or omissions in the content of the Web Site or in its products, information, or services. The user assumes the entire risk as to the accuracy and the use of any information provided herein. Under no circumstances shall the Company be liable to you or any other person for any damages of any amount or character, including, without limitation, direct, indirect, consequential, incidental, or punitive damages of any kind, arising from your access to, or use of, the Web Site or use of its products. The Company assumes no responsibility and shall not be liable for any damages to, or any viruses that may infect, your computer equipment resulting from your access to or use of the Web Site, or the downloading of any information from the Web Site.
Unauthorized use of materials or images contained or displayed on the Web Site or in the Company’s products, information, or services may violate copyright, trademark, privacy and/or publicity laws, as well as communications regulations and statutes. Any communication, submission, posting, or transmission of unlawful, threatening, libelous, defamatory, obscene, inflammatory, pornographic or profane information or material, or any information or material that could constitute or encourage conduct that could be considered a criminal offense, is strictly prohibited and could give rise to civil or criminal liability. You represent and warrant to the Company that none of your communications, submissions, postings, or materials transmitted to the Web Site are illegal, obscene, threatening, defamatory, invasive of privacy, infringing of any intellectual property rights, injurious to third parties, in violation of these terms of use or any community rules, forum rules, or privacy policies established by the Company from time to time, or otherwise objectionable to the Company in its sole discretion. Any communication, submissions, postings, or material transmitted to the Web Site will be treated as non-confidential and the Company disclaims any privacy policy or obligations in connection with the Web Site. You agree to indemnify, defend, and hold the Company and its members, managers, employees, and agents harmless from and against any and all liabilities, damages, losses, judgments, fines, demands, claims, recoveries, penalties, actions, suits, causes of action, settlement amounts and costs, attorneys’ fees, court costs, deficiencies, other costs, and expenses, regardless of whether litigation is commenced, in any way arising out of or related to your violation of these terms of use, as they may be revised or altered from time to time. It is your responsibility to periodically review these terms of use for any such modifications in order to be notified of modifications. Your continued use of the Web Site after the modification of the Terms of Use signifies your assent to and acceptance of the amended terms and provisions.
You hereby acknowledge that the Company does not accept unsolicited ideas, materials or other submissions. You further acknowledge that the Company may be working on or pursuing the same or similar ideas, materials, or other items to material you post on the Web Site or otherwise submit to the Company. You understand that the Company may continue to develop its own idea, materials, or other items independent of your submission without acknowledging your contribution. You hereby waive any and all claims you may have had, may have, and/or may have in the future, that any product or other work of the Company or its designees may be similar to your ideas, submissions, posts, communications, transmissions, products, works, and/or variations thereof. Under no circumstances shall the participation in the Web Site, including, without limitation, any forums or threads, other submission of material to the Company, or anything in these terms of use be construed as an offer or contract of employment or create a joint venture or partnership with the Company.
The Company may terminate a user's access to the Web Site if the user is determined, in the Company's sole discretion, to have infringed these terms of use or is inappropriate in the Company’s sole discretion. Inappropriate submissions include, without limitation, commercial solicitation, mass mailings, political campaigning, chain letters, or any form of "spam.” the Company reserves the right to decide whether a user submission is appropriate and complies with these terms of use for violations such as, but not limited to, pornographic, obscene, or defamatory material. The Company may remove such user submissions and/or terminate a user's access for uploading such material in violation of these terms of use at any time, without prior notice and at its sole discretion. The Company reserves the right to remove or delete any submission, posting, comment, or communication without prior notice.
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.
CHOICE OF LAW; VENUE; LIMITATION OF LIABILITY. These terms of use and all matters and claims involving the Company’s products, information, and services shall be governed by, subject to, and construed in accordance with the laws of the State of Missouri, United States of America, excluding all conflict of law rules. If any provision(s) of these terms of use are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect. To the extent permitted by law, the rights to litigate, seek injunctive relief or make any other recourse to judicial or any other procedure in case of disputes or claims resulting from or in connection with the terms of use, the Web Site, or any activities related thereto are hereby excluded, and you hereby expressly waive any and all such rights. You hereby consent to the jurisdiction of any local or state courts located in the County of St. Louis, Missouri, or any federal courts located in the County or City of St. Louis, Missouri, as the Company may designate for the purpose of litigation involving the Web Site, the terms of use, the Company’s products, information, or services, or any activities related thereto. You hereby waive any and all rights to contest said jurisdiction and venue, and fully and completely waive any and all rights to commence any action against the Company in any jurisdiction except the situs specified above. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this Agreement or any products, information or services of the Company must be filed within one (1) year after such claim or cause of action arose or be forever barred. In no event will the Company be liable, whether in contract, tort, or otherwise, for any incidental, special, indirect, consequential or punitive damages, including, but not limited to, damages for any loss of use, loss of time, inconvenience, commercial loss, or lost profits, savings, or revenues to the full extent such may be disclaimed by law relating in any way to the Company's products, information or services or any acts of the Company’s officers, directors and agents.
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)
A. 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 info@thehistoricalgamecompany.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).
B. 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 info@thehistoricalgamecompany.com (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, info@thehistoricalgamecompany.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.