Effective Date: January 1, 2023
1. INTRODUCTION AND ACCEPTANCE
2. ACCESS AND USE OF THE SITE
2.1 Your License. Subject to your compliance with all TOU we specify for the Content or Site, Owners grant you a non-exclusive, non-transferable, non-sublicensable, limited right and license to access the Site for personal, non-commercial uses as set forth in these TOU. Except for the foregoing limited license, no right, title or interest shall be transferred to you.
2.2 General. We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we operate our Site. Any description of how our Site works should not be considered a representation or obligation with respect to how the Site will always work. We may make adjustments to our Site which may not be captured within these TOU.
2.3 The Content. We reserve the right to withdraw or amend the Content of the Site at our sole discretion and without notice. We will not be liable if for any reason all or part of the Site is unavailable at any time or for any period. You may not either directly or through the use of any device, software, Internet site, web-based service, or other means: (i) remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content including geo-filtering mechanisms; and (ii) copy, download (other than through page caching necessary for personal use, or as otherwise expressly permitted by these TOU), modify, distribute, transmit, display, perform, reproduce, broadcast, duplicate, publish, license, create derivative works from, or offer for sale or use any Content or other information contained on or obtained from or through the Site, without our express written consent. You may not incorporate the Content into, or stream or retransmit the Content via any hardware or software application or make it available via frames, screen captures, or internet links unless expressly permitted by us in writing. Furthermore, you may not create, recreate, distribute, or advertise an index of any significant portion of the Content unless authorized by us. You may not build a business utilizing the Content, whether or not for profit. The Content covered by these restrictions includes without limitation any text, graphics, layout, interface, logos, photographs, audio and video materials. In addition, you are strictly prohibited from creating derivative works or materials that otherwise are derived from or based in any way the Content or the Site, including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, unless it is expressly permitted by us in writing.
2.4 Availability. Owners makes no representation regarding the availability of Content or the Site, or the accuracy or reliability of any Content. Owners reserve the right in their sole and absolute discretion to change the Content from time to time. Due to technical limitations, or for any reason in our sole and absolute discretion, and without prior notice to you, some or all Content may not be viewed, may only be viewed for a certain period of time, or may cease to be available for viewing instantly, through our Site on some or all devices. The quality of the display of the streaming Content may vary from computer to computer, and device to device, and may be affected by a variety of factors, such as your location, the bandwidth available and/or speed of your Internet connection. You must be connected to the Internet at all times to view the Content. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. We make no representations or warranties about the quality of your viewing experience.
3. OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS
The Site, including all Content, software, user interfaces, text, graphics, logos, designs, photographs, button icons, images, audio/video clips, digital downloads and data compilations (the “Owners IP”), is the property of Owners or their licensors or content providers and is protected by United States and international copyright, trademark, trade secret or other intellectual property laws and treaties. Any Owners IP that is a trademark, logo, or service mark is also a registered or unregistered trademark of Owners or others. Your use of any Owners IP, except as provided in these TOU, without the written permission of the owner of such Owners IP is strictly prohibited. You are also advised that we will aggressively enforce our intellectual property rights to the fullest extent of the law. For purposes of clarification, you may not, without express written consent, purchase search terms, or use any meta-tags or any other “hidden text” utilizing the Owners IP. Any images of persons or personalities contained within the Site and in connection with user interfaces are not an indication or endorsement of the Owners or any particular product or our service unless otherwise indicated.
4. YOUR RESPONSIBILITIES AND RESTRICTIONS ON USE
The following rules of conduct apply to the Site. You agree that you will not utilize the Content and Owners IP in a manner that:
- violates the rights of others, including patent, trademark, trade secret, copyright, privacy, publicity, or other proprietary rights;
- involves accessing the Site through any automated means such as “robots,” “spiders,” “scraper” or “offline readers” (other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices - but not caches or archives - of the Site and excluding those search engines or indices that host, promote, or link primarily to infringing or unauthorized content);
- uses, transfers, distributes, or disposes of any information contained in the Site in any manner that could compete with the business of the Owners or any of their affiliates;
- results in the sending of spam or unsolicited mailings or in the harvesting of information about users for the purpose of sending spam or unsolicited mailings;
- introduces viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- damages, disables, overburdens, impairs, or gains unauthorized access to the Services, including our computer network;
- inserts any code or manipulates the Owners Site in any way;
- uses the Site to advertise or promote services that are not expressly approved in advance in writing by us;
- encourages conduct that would constitute a criminal offense or give rise to civil liability;
- violates these TOU or any guidelines or policies posted by us;
- interferes with any other party's use and enjoyment of the Site; or
- attempts to do any of the foregoing.
5. YOUR PRIVACY
6. DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNITY
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 SITE, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE Owners website OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. WE ARE NOT LIABLE FOR THE AVAILABILITY, ACCURACY OR RELIABILITY OF THE CONTENT OR THE SITE.
YOU AGREE THAT USE OF THE SITE IS AT YOUR OWN RISK. THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE”, TO THE FULLEST EXTENT PERMITTED BY LAW, IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, WE DO NOT MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY OR NONINFRINGEMENT; OR THAT THE SERVICES WILL BE UNINTERRUPTED, FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ACCURATE, ERROR FREE, OR RELIABLE.
IN NO EVENT SHALL WE, OUR AFFILIATES, SUCCESSORS, AND ASSIGNS, AND EACH OF THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND SUPPLIERS (INCLUDING DISTRIBUTORS AND CONTENT LICENSORS) (COLLECTIVELY, THE “OWNERS PARTIES”), BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE SITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHER THEORY, EVEN IF THE OWNERS PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO USE OF THE SITE OR THE AMOUNT OF $50 (WHICHEVER IS LESS). SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, IN WHICH CASE THE ABOVE EXCLUSIONS MIGHT NOT APPLY TO YOU.
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE OWNERS PARTIES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEY'S FEES AND COSTS), AND OTHER LOSSES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR BREACH OR ALLEGED BREACH OF THESE TERMS OR YOUR USE OF THE SITE (INCLUDING YOUR USE OF THE CONTENT). WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO EMPLOY SEPARATE COUNSEL AND ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.
7. NOTICE AND PROCEDURE FOR CLAIMS OF COPYRIGHT INFRINGEMENT
It is the policy of Owners to respect the intellectual property rights of others. The Owners do not condone unauthorized reproduction or distribution of copyrighted content. If you believe that any Content or other material provided through the Site, including through a link, infringes your copyright, you should notify us of your infringement claim in accordance with the procedure set forth below. We will process each notice of alleged infringement that we receive and take appropriate action in accordance with applicable intellectual property laws. A notification of claimed copyright infringement should be emailed to our copyright agent at firstname.lastname@example.org (subject line: “Takedown Request”). You may also contact us by mail at:
Archive Real Life
c/o Christopher H. Caffee
1034 Thornwood Drive
Pittsburgh PA 15234
To be effective, the notification must be in writing and contain the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Site that is reasonably sufficient to enable us to identify and locate the material; (iv) how we can contact you, such as your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you that the above information in your notice is accurate and under penalty of perjury that you are or are authorized to act on behalf of the copyright owner or the owner of an exclusive right in the material. We have a policy of terminating repeat infringers in appropriate circumstances.
8. DISPUTE RESOLUTION AND CLASS ACTION WAIVER
PLEASE READ THE FOLLOWING SECTION CAREFULLY - IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS AND YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS.
In order to expedite and control the cost of disputes, you and we agree that any legal or equitable claim arising out of or relating in any way to your use of the Site or these TOU, and the formation, validity, enforceability, scope, or applicability of this TOU, including this Section 8 (referred to as a “Claim”) will be resolved as follows:
8.1 Informal Resolution. We will first try to resolve any Claim informally. Accordingly, neither of us may start a formal proceeding (except for Claims described in Section 8.4 below) for at least 60 days after one of us notifies the other of a Claim in writing. You will send your notice to: Owners, c/o Archive Real Life LLC, 1034 Thornwood Drive, Pittsburgh, PA 15234 and we will send our notice to you at the address provided by you.
8.2 Formal Resolution. Except as provided in Section 8.4, if we cannot resolve a Claim informally, any Claim either of us asserts will be resolved only by binding arbitration and not in courts of general jurisdiction. The arbitration will be conducted under the rules of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) that are in effect at the time the arbitration is initiated (referred to as the “JAMS Rules”) and under the rules set forth in this TOU. If there is a conflict between JAMS Rules and the rules set forth in this TOU, the rules set forth in this TOU will govern. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JURY TRIAL. You may, in arbitration, seek any and all remedies otherwise available to you pursuant to your state's law. If you decide to initiate arbitration, we agree to pay the arbitration initiation fee and any additional deposit required by JAMS to initiate your arbitration. We also agree to pay the costs of the arbitration proceeding. Other fees, such as attorney's fees and expenses of travel to the arbitration, will be paid in accordance with JAMS Rules. The arbitration will be held at a location in your hometown area unless you and we both agree to another location or telephonic arbitration. To start an arbitration, you or we must do the following things:
(i) Write a Demand for Arbitration. The demand must include a description of the Claim and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at www.jamsadr.com.
(ii) Send three copies of the request for arbitration, plus the filing fee to: www.jamsadr.com.
(iii) Send one copy of the demand for arbitration to us.
8.3 Special Rules.
(i) In the arbitration proceeding, the arbitrator has no authority to make errors of law, and any award may be challenged if the arbitrator does so. Otherwise, the arbitrator's decision is final and binding on all parties and may be enforced in any federal or state court that has jurisdiction.
(ii) Neither you nor we shall be entitled to join or consolidate claims in arbitration by or against other individuals or entities, or arbitrate any claim as a representative member of a class or in a private attorney general capacity. Accordingly, you and we agree that the JAMS Class Action Procedures do not apply to our arbitration. A court may sever any portion of Section 8 that it finds to be unenforceable, except for the prohibition on class, representative and private attorney general arbitration.
8.4 Exceptions. Notwithstanding the foregoing: any dispute involving a violation of the Communications Act of 1934, 47 U.S.C. § 605, or the Digital Millennium Copyright Act, 17 U.S.C. § 1201, or the Electronic Communications Privacy Act, 18 U.S.C. § 2510-2521, or any other statement or law governing theft of service, may be decided only by a court of competent jurisdiction. You may also assert an individual action in small claims court in lieu of arbitration.
9. GENERAL PROVISIONS
9.1 Electronic Communications. By using the Site, you consent to receiving electronic communications from us, whether by emails, SMS or text messages, or the like. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You agree to update your personal information immediately upon any change to your email address.
9.3 Governing Law. All matters relating to the TOU and any dispute or claim arising therefrom or related thereto shall be governed by and construed in accordance with the internal laws of the State of Pennsylvania without giving effect to any choice or conflict of law provision or rule (whether of the State of Pennsylvania or any other jurisdiction).
9.4 Waiver and Severability. No waiver of by us of any term or condition set forth in these TOU 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 of us to assert a right or provision under these TOU shall not constitute a waiver of such right or provision. If any provision of these TOU is held by a court or arbitration 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 TOU will continue in full force and effect.
10. CONTACT INFORMATION
If you have any questions about these TOU or the Site contact the Owners by e-mail at: email@example.com