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PlayWithHistory.com
Terms of Use
Please read the following terms and conditions which govern your use of and access to the website located at http://www.playwithhistory.com (the "Website") and your relationship with Play With History, Inc., including its affiliates and subsidiaries associated with this Website (collectively "PWH"). Your use of this Website denotes your acceptance to the terms and conditions herein and within the PWH Privacy Policy. If you do not agree, do not access this Website.
PWH may change the terms and conditions herein from time to time and at any time without notice to you by posting such changes on this Website. By using this Website after any changes to these terms and conditions, you agree to be bound by any such changes.
If you do not have legal capacity to enter into the agreement created by these terms and conditions, you can not access the Website unless and until PWH receives the consent of your parent or legal guardian.
All text, graphs, audio and other content appearing on this Website are the property of PWH or PWH's licensors. Except as may otherwise be provided for under the Website, PWH does not grant you a license to any information, data, software, photographs, graphics, features or other materials (collectively the "Content") you may access on this Website, including, without limitation, any patent, copyright, trademark, service mark or other intellectual property of PWH or any third party. Except as may otherwise be provided for under the Website, you may not for any purpose download or save a copy of any of the Website screens or Content, nor modify them, or any portion thereof, except as otherwise provided herein. You may, however, print a copy of the Content for your sole personal use or records, and access the Website on a single computer, provided that you do not (and do not allow any third party to) (i) distribute, copy, modify, create a derivative work of or based on, reverse engineer, reverse assemble or otherwise attempt to discover any source code, content or any portion of the Website; or (ii) sell, rent, loan, assign, sublicense, grant a security interest in or otherwise transfer any right in or to the Content or Website. The use of any Content for commercial purposes is expressly prohibited. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or other grant of right to use the Content except as expressly provided herein.
This Website may be accessed by users internationally and may contain references or cross references to PWH products, programs and services that are not available in your country. Such references do not imply that PWH intends to make available in your country such products, programs or services or that such product may lawfully be used in or imported into your country. PWH reserves the right without prior notice to discontinue products, models, parts, accessories, and other items, or to change specifications at any time without incurring any obligations to any party.
Reference to any product, event, process, publication, service, or offering of any third party by name, trade name, trademark or otherwise does not necessarily constitute or imply the endorsement or recommendation of such by PWH. Any views expressed by third parties on this Website are solely the views of such third party and PWH assumes no responsibility for the accuracy or veracity of any statement made by such third party.
Reference to any product, recording, event, process, publication, service, or offering of any third party by name, trade name, trademark or otherwise does not necessarily constitute or imply the endorsement or recommendation of such by PWH. Any views expressed by third parties on this Website are solely the views of such third party and PWH assumes no responsibility for the accuracy or veracity of any statement made by such third party.
You acknowledge that by using the Website, you may access content which you might consider offensive, indecent or objectionable. It is your responsibility to evaluate, assess, and bear any risk, associated with the use of any Content.
By accessing the Website, you agree that your use of the Website is entirely at your own risk. The Website is provided to you as a convenience to provide information relating to, and to discuss, PWH products and related resources, but PWH does not guarantee the accuracy or completeness of such information. Neither PWH nor any of its data or content providers shall be liable for any errors or delays in the Content, or for any actions taken in reliance thereon, nor does PWH warrant that the Content is accurate, complete or truthful.
This Website may contain links to or be accessed through links on world wide websites of PWH dealers and distributors and other third parties. PWH dealers and distributors are independent contractors and are not agents of PWH. PWH does not have responsibly for the contents, availability, operation or performance of websites of PWH dealers or distributors, or any other web sites to which this Website may be linked to or from which this website may be accessed. PWH does not author, edit or monitor these links or web sites. You acknowledge and agree that PWH is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such content available on external web sites or sources.
THE WEBSITE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF INFORMATION, DATA, SOFTWARE, TOOLS, SERVICES, OR UNINTERRUPTED ACCESS. SPECIFICALLY, THE WEBSITE DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (I) ANY WARRANTIES CONCERNING THE AVAILABILITY, RELIABILITY, ACCURACY, USEFULNESS, CONTENT, TIMELINESS, OR SECURITY OF INFORMATION OR SERVICES; AND (II) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. ANY CONTENT OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT. NO ADVISE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PWH THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.
NEITHER PWH NOR ANY OF ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PWH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF (I) YOUR USE OF THE WEBSITE, (II) YOUR INABILITY TO GAIN ACCESS TO OR USE THE WEBSITE, (III) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO VIA THE WEBSITE, (IV) UNAUTHORIZED ACCESS TO OR MODIFICATION OF YOUR TRANSMISSIONS OR DATA, (V) STATEMENTS OR CONDUCT OF PWH OR ANY THIRD PARTY ON THE WEBSITE, OR (VI) OUT OF ANY BREACH OF ANY WARRANTY.
Because some state do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In such states, the respective liability of PWH, its employees, agents, successors, assigns, affiliates, and content or service providers is limited to the maximum extent permitted by such state law.
All information and Content made available on the Website, including without limitation, all message and information posted on the Website's forums, shall be deemed and remain the property of PWH, and PWH shall be free to use, for any purpose, any ideas, concepts, know-how or techniques contained in any information or Content which any user makes available through this Website. PWH shall not be subject to any obligations of confidentiality regarding submitted information, except as agreed by PWH in writing or required by law.
The Website contains forums which are available to you to post information and correspond with third parties (who may or may not be affiliated with PWH). PWH does not pre-screen or have an obligation to monitor the content and information posted by you or any other user of the forums. You acknowledge and agree, however, that PWH shall, in its sole discretion, retain the right to monitor the Website and forums and remove or move any Content, posts, emails or messages of any kind made available via the Website. PWH may also disclose any information as it may deem necessary or appropriate to satisfy any law, regulation or other governmental requires to operate the Website properly, to protect PWH, its customers or users of the Website. PWH reserves the right to refuse to post or to remove any information or materials, in whole or in part, that PWH, in its sole and absolute discretion, deems unacceptable, undesirable, inappropriate or in violation of these terms and conditions.
You agree to indemnify and hold PWH harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use of the Website or the placement or transmission of any message, information, software or other materials through the Website by you or any user of your account or related to any violation of these terms and conditions by you or any users of your account.
PWH, Play With History, DOD, Dawn of Discovery, VOD, Voyage of Destiny, TON, 34 or Nothing, Thirty-Four or Nothing, FAT, Firsts and Thirds, RAF, Raleigh's Folly, and PWH Points, are among the trademarks, trade names, and service marks of PWH that may appear in this Website, many of which are registered in the United States and other countries. This is not a comprehensive list of all trademarks of PWH. All other names and marks mentioned in this Website are the trade names, trademarks or service marks of their respective owners.
The laws of the state of Georgia in the United States of America, and of the United States of America, shall govern use of this Website. Users agree that any action, suit, or proceedings arising from or related to use of the Website shall be brought exclusively in the federal or state courts in the State of Georgia without regard to choice of law or conflicts of law provisions.
The failure of PWH to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision. If any provision of these terms and conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties intentions as reflected in the provision, and the other provisions of these terms and conditions shall remain in full force and effect.