WHEN YOU ACCESS OR USE THE HISTORIC FILMS WEBSITE YOU AGREE TO ABIDE BY THE TERMS DESCRIBED BELOW, AS WELL AS ANY ADDITIONAL TERMS AND RESTRICTIONS PRESENTED IN RELATION TO SPECIFIC CONTENT. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THE SITE.
You warrant that you are over the age of 18 and are lawfully able to accept the Historic Films site terms. If you are using the site on behalf of any entity, employer, or organization, you warrant that you are authorized to accept these terms on such entity's behalf, and that such entity agrees to indemnify Historic Films for violations of these site terms.
The Historic Films website is owned by Historic Films Archive, LLC. Unless otherwise indicated, the text, graphics, design, data, illustrations, software, and the selection and arrangement thereof is owned or represented by Historic Films Archive, LLC., its licensors, or its third-party representatives. . All elements of the non-public domain Historic Films content, are protected by copyright, trademark and other laws relating to the protection of intellectual property.
USE OF THE HISTORIC FILMS WEBSITE
The Historic films website and the Historic Films Content are intended specifically and exclusively for customers of Historic Films. You may not use the site or the Historic Films Content for any purpose not related to your business with Historic Films. You are specifically prohibited from: (a) downloading, copying, or re-transmitting any or all of the website or the Historic Films content without, or in violation of, a written license or agreement with Historic Films (b) registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any party for any Historic Films product or service if you are not expressly authorized by such party to do so (c) selling, licensing, leasing, or in any way commercializing the Historic Films website or the Historic Films content without written permission from Historic Films ; and (d) using the website or the Historic Films content other than for its intended purpose. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws, the laws of privacy and publicity, and applicable communications regulations and statutes. You represent and warrant that you will comply with all applicable laws and regulations, including, without limitation, those relating to the Internet, data, e-mail, privacy, and the transmission of technical data exported from the United States or the country in which you reside.
In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable laws, Historic Films has adopted a policy of terminating, in appropriate circumstances and at Historic Films' sole discretion, account holders who infringe the intellectual property rights of Historic Films or any third party.
If you believe that any material on the Historic Films website infringes upon any copyright that you own or control, you may file a notification at the email below:
Historic Films Archive, LLC.
211 Third Street Greenport, NY. 11944
Phone: (631) 477-9700
Fax: (631) 477-9800
E-mail: [email protected]
You may not use a Historic Films’ logo or other proprietary graphic of Historic Films to link to the Site without the express written permission of Historic Films. Further, you may not frame the Historic Films logo or other proprietary information, including the Historic Films Content, without Historic Films’ express written consent.
In consideration of your use of the Historic Films website, you agree to: (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the website ("Registration Data"); (b) maintain and promptly update the Registration Data, and any other information you provide to Company, to keep it accurate, current and complete; (c) maintain the security of your password and identification; (d) notify Historic Films immediately of any unauthorized use of your account or other breach of security; (e) accept all responsibility for any and all activities that occur under your account, including but not limited to, all applicable taxes and any applicable third-party fees (including but not limited to credit card fees, foreign exchange fees and cross border fees); and (f) accept all risks of unauthorized access to the Registration Data and any other information you provide to Company.
You agree to defend, indemnify and hold harmless Historic Films , its subsidiaries, affiliates, licensors, employees, agents, third party information providers and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any User Content that you post, store or otherwise transmit from the Site, your breach or alleged breach of the Site Terms or of any representation or warranty contained herein, your unauthorized use of the Historic Films content, or your violation of any rights of another.
THE SITE CONTENT, ARE PROVIDED "AS IS" AND HISTORIC FILMS AND ITS DIRECTORS, EMPLOYEES, CONTENT PROVIDERS, AGENTS AND AFFILIATES EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. HISTORIC FILMS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE OR THE HISTORIC FILMS CONTENT, OR THE UNAVAILABILITY OF THE SAME, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, AND DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. THE FUNCTIONS EMBODIED ON OR IN THE MATERIALS OF THIS SITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT HISTORIC FILMS, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS SITE OR THE GETTY IMAGES CONTENT. WE MAKE NO WARRANTY THAT THE SITE OR THE HISTORIC FILMS CONTENT IS FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES.
Historic Films uses reasonable efforts to ensure the accuracy, correctness, and reliability of the Historic Films Content, but we make no representations or warranties as to the Historic Films Content's accuracy, correctness, or reliability.
Historic Films offers a search feature within their website. Historic Films explicitly disclaims any responsibility for the content or availability of information contained in our search index or directory. Historic Films also disclaims any responsibility for the completeness or accuracy of any directory or search result.
Some US states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions.
APPLICABLE LAW AND VENUE
Any dispute relating in any way to your use of the Site or the Historic Films Content shall be submitted to confidential arbitration in New York, New York , except that, to the extent you have in any manner violated or threatened to violate Historic Films’ intellectual property rights, Historic Films may seek injunctive or other appropriate relief in any state or federal court in the State of New York , and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this provision shall be conducted by a single arbitrator under the rules then prevailing of the American Arbitration Provision. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to the Site Terms, whether through class arbitration proceedings or otherwise.
Notwithstanding any of these Site Terms Historic Films reserves the right, without notice and in its sole discretion, to terminate your account and/or to block your use of the Site. Any waiver of any provision of the Site Terms will be effective only if in writing and signed by Historic Films. If any clause in these Site Terms is found to be unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect. Any rights not expressly granted herein are reserved.
Please contact us if you have any questions or comments about the Site or Site Terms. [email protected]