MyHistro Terms of Service
Last Updated Date: February 01, 2011
Please read the following Terms of Service Agreement (the "Agreement" or “Terms”) before accessing or using myHistro and its services (Services). ONLY USERS WHO ARE 13 YEARS OF AGE OR OLDER MAY REGISTER FOR MYHISTRO. By completing the registration process for the myHistro website, you represent that you are 13 years of age or older, and can and will be legally bound by this Agreement.
You are responsible for your use of the Services, for any content you post to the Services, and for any consequences thereof. The Content you submit, post, or display might be viewed by other users of the Services and through third party services and websites . You should only provide Content that you are comfortable sharing with others under these Terms.
MyHistro reserves the right, at its sole discretion, to modify, discontinue or terminate the Site or Services or to modify these Terms, at any time and without prior notice. The Services that myHistro provides are always evolving and the form and nature of the Services that myHistro provides, may change from time to time without prior notice to you. Furthermore, MyHistro reserves the right, at its sole discretion, to reject, refuse to post or remove any posting by you, or to deny, restrict, suspend, or terminate your access to all or any part of the myHistro Services at any time, for any or no reason, with or without prior notice or explanation, and without liability. MyHistro expressly reserves the right to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the myHistro Services if myHistro determines, in its sole discretion, that you have violated this Agreement or pose a threat to myHistro, its employees, business partners, Users and/or the public.
When you sign up to become a User, you will be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to disclose your password to any third party. You agree to notify myHistro immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. MyHistror cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
Content posted on the Services
You understand and agree that myHistro may (but is not obligated to) review any content, communication, information, material, messages, photos, videos, URLs, profiles and the like that is uploaded, published or displayed ("posted") on the Services and delete or refuse to take online any such Content, violates this Agreement or which might be offensive, inappropriate, illegal, or that might violate the rights of other myHistro users or third parties.
You are solely responsible for the Content that you post on the Services. In addition, you represent and warrant that you have the right to post the Content and you will not post any illegal or prohibited Content and will not infringe, misappropriate, violate or contravene any third party rights (including, without limitation, any intellectual property rights). The following is a partial list of the kind of Content that is illegal or prohibited on the myHistro:
- Users shall not engage in any activity that constitutes harassment, including, but not limited to, excessive repetition when listing a person as a referral.
- Users shall not attempt to interfere with any other person's use of the Services.
- Users shall not misrepresent their identity or impersonate any person.
- Users shall not use any portion of the myHistro website or the Services for uploading, posting, emailing, transmitting or otherwise making available junk mail, commercial advertisements, or any other form of commercial solicitation.
- Users shall not use any portion of the myHistro website or the Services for uploading, posting, emailing, transmitting or otherwise making available content, including user names and friend list names, that is harmful, threatening, abusive, vulgar, obscene, profane, defamatory, libelous, hateful, or racially, ethnically or otherwise objectionable.
- Users shall not upload photos, graphics or other content that contain or promote illegal substances or activities.
- Users shall not post content that displays pornographic or sexually explicit material of any kind.
- Users shall not provide material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18.
- Users shall not provide instructional information about illegal activities such as violating someone's privacy, or providing or creating computer viruses.
- Users shall not attempt to gain unauthorized access to myHistro´s database or other computer systems. Users shall not attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by myHistro in connection with the Services.
- Users shall not engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Services or the myHistro website.
- Any Content used for or photographs posted by you in your User profile may not contain nudity, violence, sexually explicit, or offensive subject matter. You may not post a photograph of another person without that person's permission.
- Users shall not use any portion of the myHistro website or the Services for any unlawful purpose.
MyHistro will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. MyHistro may involve and cooperate with law enforcement authorities in prosecuting individuals who violate these Terms. You acknowledge that MyHistro has no obligation to monitor your access to or use of the Site, Services or Content or to review or edit any User Content or User Submissions, but has the right to do so for the purpose of operating the Site and Services, to ensure your compliance with these Terms, or to comply with applicable law. MyHistro reserves the right, at any time and without prior notice, to remove or disable access to any Content, including, any User Content that MyHistro, at its sole discretion, considers to be in violation of these Terms or otherwise harmful to the Site or Services.
User Content or Third Party Content
Content from other Users, advertisers, and other third parties may be made available to you through the Services. Because we do not control such Content,
- you agree that we are not responsible for any such Content, and
- we make no guarantees about the accuracy, currency, suitability, or quality of the information in such Content, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful Content made available by other Users, advertisers, and other third parties.
We take no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor are we liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter.
You are solely responsible for your interactions with other myHistro Users, third party developers or any other parties with whom you interact through the myHistro Services. You agree that myHistro will not be responsible for any loss or damage incurred as the result of any such dealings or with respect to any other User's use or disclosure of your personally identifiable information. If there is a dispute between you and any third party (including, without limitation, any User), myHistro is under no obligation to become involved; however, we reserve the right, but have no obligation, to monitor disputes between you and other Users. MyHistro reserves the right, but has no obligation, to become involved in any way with these disputes.
Copyright and Limited License
Unless otherwise indicated on our site, our site and all content and other materials on our site, including, but not limited to, our logo and all designs, text, graphics, pictures, information, data, software and the selection and arrangement thereof are our proprietary property or our licensors or users and are protected by U.S. and international copyright laws.
You agree to defend, indemnify, and hold myHistro, its officers, directors, employees and agents and its affiliates, subcontractors and other partners, and their respective officers, agents, partners and employees, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with User Content, your access to or use of the Site, Services or Content, or your violation of these Terms.
USERS AGREE THAT USE OF THE MYHISTRO WEBSITE AND THE SERVICES IS ENTIRELY AT MEMBER'S OWN RISK. TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, THE SERVICES ARE PROVIDED "AS-IS" AND AS AVAILABLE AND MYHISTRO EXPRESSLY DISCLAIMS ANY WARRANTY AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT.
WE DO NOT WARRANT THAT ANY MYHISTRO CONTENT/SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE AVAILABILITY, RELIABILITY OR SECURITY OF ANY MYHISTRO CONTENT/SERVICES.
MYHISTRO DOES NOT GUARANTEE AND DOES NOT PROMISE (A) ANY SPECIFIC RESULTS FROM THE USE OF THE SERVICES; (B) THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; (C) THAT THE SERVICES WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (D) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE. MYHISTRO DOES NOT ASSUME ANY OBLIGATION TO MONITOR ACTIVITIES ON THE SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation on Liability
UNDER NO CIRCUMSTANCES SHALL MYHISTRO BE LIABLE ON ACCOUNT OF USER'S USE OR MISUSE OF THE MYHISTRO WEBSITE OR THE SERVICES, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE MYHISTRO WEBSITE OR THE SERVICES, FROM INABILITY TO USE THE MYHISTRO WEBSITE OR THE SERVICES, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE MYHISTRO WEBSITE OR THE SERVICES.
TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, MYHISTRO AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE TO YOU, OR ANY THIRD PARTY, FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES (INCLUDING ALSO LOST PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES) ARISING FROM YOUR USE OF THE SERVICES, EVEN IF MYHISTRO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MYHISTRO'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (a) ANY AMOUNT PAID BY YOU TO MYHISTRO FOR THE SERVICES; AND (b) FIFTY U.S.DOLLARS (US$50).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed by the laws of the European Union without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in Harju County Court, Estonia, and you consent to the jurisdiction of and venue in this court and waive any objection as to inconvenient forum.
Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of myHistro used herein are trademarks or registered trademarks of myHistro.
This Agreement contains the entire agreement between you and myHistro regarding the use of the Services. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. Notwithstanding any other provisions herein, no party will be deemed as a third-party beneficiary to this Agreement and a third party (including another User) who is not a party to this Agreement has no right to enforce any term of this Agreement. If any provision of this Agreement is found to be invalid or unenforceable, such provision will be changed and interpreted to accomplish the objectives to the greatest extent possible under any applicable law and the remaining provisions will continue in full force and effect.
The failure of myHistro to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Please contact us with any questions regarding this Agreement.
We may revise these Terms from time to time, the most current version will always be at myhistro.com. If the revision, in our sole discretion, is material we will notify you via e-mail to the email associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
These Services are operated and provided by Histrodamus OÜ, Mäealuse 4, Tallinn 12618, Estonia. If you have any questions about these Terms, please contact us.
Effective: February 01, 2011