Terms of Use

Facing History’s Terms of Use

Last Modified August 3rd, 2022

These Terms of Use (the “Terms”) govern your access and use to the website at www.facinghistory.org and Facing History and Ourselves’ other websites (the “Websites”), including any content, functionality, and services offered on or through the Sites.  

By using the Websites, whether as a guest or a registered user, or by clicking to accept the Terms when this option is made available to you, you accept and agree to be bound and abide by these Terms and our Privacy Policy, which is incorporated into these Terms.  

If you do not want to agree to these Terms or the Privacy Policy, You must not access or use the Websites.

The term “Facing History & Ourselves” or “us” or “we” refers to the owner of the Websites. The term “you” refers to the user or viewer of our Websites.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them.  If there are material changes, we will use commercially reasonable efforts to post a notice on the Websites’ home pages.  You are responsible for regularly reviewing these Terms. Your continued use of the Websites following the posting of changes to the Terms indicates your acceptance of those revisions. 

Privacy Policy

We are committed to protecting your privacy. Our Privacy Policy describes the information that we collect and how we will use your information. By using the Websites, you consent to the processing described in the Privacy Policy.

Protecting Children's Privacy & Age Restriction

Facing History & Ourselves does not knowingly collect or retain personal identifying information from persons under the age of 16.  We have put safeguards in place to attempt to ensure it does not inadvertently collect and retain such information. We strongly urge children to check with their parents before entering information on its Websites, and we urge parents to discuss with their children restrictions concerning the online release of personal identifying information to anyone they do not know.

You must be at least 16 years of age to create an account or share information on these Websites. By creating an account on these Websites, you represent and warrant that you are at least 16 years of age and that you are legally competent to enter this Agreement. Facing History & Ourselves assumes no responsibility if you misrepresent your age.

Intellectual Property

The Websites and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement of all of these) are owned by the Facing History & Ourselves, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Websites for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Websites, except as follows:

  1. Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  2. You may store files that are automatically cached by your Web browser for display enhancement purposes.
  3. You may print or download one copy of a reasonable number of pages of the Websites for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
  4. If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
  5. If we provide social media features with certain content, you may use those features.  

You must not:

  1. Modify copies of any materials from the Websites.
  2. Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
  3. Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

You must not access or use the Websites, or any services or materials offered through the Websites, for any commercial purposes.

If you wish to make any use of materials on the Websites that is not expressly permitted by this section, please address your request to: support [at] facinghistory.org.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Websites in breach of these Terms, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Websites or any content on the Websites is transferred to you, and all rights not expressly granted are reserved by Facing History & Ourselves. Any use of the Websites not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.                                                                                                              

User Accounts

As a user of these Websites, you may be asked to register with us and provide personal information. Any information that you provide must be current, correct, and complete. All information that you provide to register with the Websites is governed by our Privacy Policy.  

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Websites using your username, password, or other security information. You are responsible for any activity that occurs under your account. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Linking to these Websites

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. These Websites must not be framed on any other site, nor may you create a link to any part of these Websites other than the home page. We reserve the right to withdraw linking permission without notice.

Links from these Websites

We do not monitor or review the content of other party’s Websites which are linked to from these Websites. Opinions expressed or material appearing on such Websites are not necessarily shared or endorsed by us and we should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. Facing History & Ourselves will not accept any responsibility for any loss or damage in whatever manner, however caused, resulting from your disclosure of personal information to third parties.

User Contributions

The Websites may contain message boards, chat rooms, personal web pages or profiles, forums, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Websites.  

All User Contributions must comply with the Content Standards set out in these Terms.

Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Websites, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material.

You represent and warrant that:

  1. You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
  2. All of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Facing History & Ourselves, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to you or any third party for the content or accuracy of any User Contributions posted by you or any other user of the Websites.

Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

  1. Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
  2. Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
  3. Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
  4. Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy.
  5. Be likely to deceive any person.
  6. Promote any illegal activity, or advocate, promote, or assist any unlawful act.
  7. Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
  8. Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
  9. Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
  10. Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

In addition, you are prohibited from doing or attempting to do the following:

  1. attacking, disrupting, overwhelming, hacking, damaging, disabling, or otherwise interfering in any way with the Websites, including without limitation any content, communications, programming, functionality, or features on our networks, servers, or databases; or
  2. posting, uploading, transmitting, or otherwise making available on or through the Websites any software disabling devices, time bombs, Trojan horses, cancelbots, viruses, worms, bugs, corrupted files, spyware, adware, malware, malicious programs or code, or devices of similar nature (collectively “Malware”).

Monitoring and Enforcement; Termination

We have the right to:

  1. Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
  1. Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for Facing History & Ourselves.
  1. Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  1. Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
  1. Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS FACING HISTORY & OURSELVES AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we cannot and do not undertake to review all material before it is posted on the Websites, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Changes to the Websites

We may update the content on this Websites from time to time, but its content is not necessarily complete or up to date. Any of the material on the Websites may be out of date at any given time, and we are under no obligation to update such material.

In addition, we may cease to offer the Websites, in whole or in part, at any time, in our sole discretion, without any liability to you.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Websites will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. 

TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THEM, OR ON ANY WEBSITE LINKED TO THEM.

YOUR USE OF THE WEBSITES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES IS AT YOUR OWN RISK. THE WEBSITES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER FACING HISTORY & OURSELVES NOR ANY PERSON ASSOCIATED WITH FACING HISTORY & OURSELVES MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITES. WITHOUT LIMITING THE FOREGOING, NEITHER FACING HISTORY & OURSELVES NOR ANYONE ASSOCIATED WITH US REPRESENTS OR WARRANTS THAT THE WEBSITES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITES OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, FACING HISTORY & OURSELVES HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL FACING HISTORY & OURSELVES, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to indemnify, defend, and hold harmless Facing History & Ourselves, its directors, officers, employees, consultants, agents, and affiliates from all third-party claims, liability, damages and/or costs (including, but not limited to, reasonable attorneys’ fees) arising from your use the Websites or your breach of the Terms of Use, including, but not limited to, your User Contributions, any use of the Websites’ content or services, or your use of any information obtained from the Website..

Waiver and Severability

No waiver by us of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by us to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Applicable Law

All matters relating to the Websites and these Terms, and any dispute or claim arising from or related to them (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the Commonwealth of Massachusetts without giving effect to any choice or conflict of law provision or rule (whether of the Commonwealth of Massachusetts or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Websites shall be instituted exclusively in the federal courts of the United States or the courts of the Commonwealth of Massachusetts, in each case located in the City of Boston (although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country). You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts 

Entire Agreement

The Terms of Use, including our Privacy Policy, constitute the sole and entire agreement between you and Facing History & Ourselves regarding the Websites and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Websites.

 COPYRIGHT AND INTELLECTUAL PROPERTY POLICY

In accordance with the Digital Millennium Copyright Act, we respond to notices of alleged copyright infringement and terminate access to the Websites for repeat infringers. If you believe that materials on our Websites infringe your copyright, please send the following information to the Copyright Agent named below:

  1. your address, telephone number, and email address;
  2. a description of the work that you claim is being infringed;
  3. a description of the material that you claim is infringing and are requesting be removed along with information about where it is located;
  4. a statement that you have “a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.”;
  5. an electronic or physical signature of the copyright owner (or a person authorized to act for the copyright owner); and
  6. a statement by you, made under penalty of perjury, that the information you are providing is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.

Copyright Agent:

support [at] facinghistory.org

89 South Street, Suite 401, Boston, MA 02111

If you do not follow these requirements, your notice may not be valid. Please note, only notices of alleged copyright infringement should be sent to our Copyright Agent.

If we determine that you are a repeat infringer, we may terminate your access to the Websites, remove or ban you (and any account you created or control), and take other action that we deem appropriate, in our sole discretion.

 

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