Terms and Conditions

Coming into force date – November 6, 2019

Please take a moment to read carefully through these Terms of Service. By accessing or using any part of the Services (as defined below), you sign your agreement to these Terms. If you do not agree to these Terms, you may not access or use any Service.

HistoricalTv or its affiliates (“Us” or “us” or “WNI”) are pleased to provide you with its online content service.

These Terms include the release by you of, and restrictions on, claims for certain damages against us that may arise from your use of the Service. By using the Service, you agree to the release and restrictions.

If you reside in the United States or access or use the Service in the United States, by accepting these Terms, you agree to the arbitration agreement (unless you follow the opt-out procedure) and the class action waiver described in Section XIV below in these Terms to resolve any disputes with WNI.

We advise that you store and/or print a copy of these Terms and retain them for reference.

I. PRIVACY POLICY

We believe that your privacy is very important. Please review our Privacy Policy to learn more about our privacy practices and how we use any data we receive. By accessing or using the Service, you acknowledge that you have read, understood and accepted our Privacy Policy, which is incorporated into these Terms by reference.

II. ACCESS

Subject to your compliance with these Terms, we grant you a limited, personal, revocable, non-exclusive, non-transferable license with no right to sub-license or create derivative works (except to the extent that they are required by law) to download, install, access and use the Service for your personal, non-commercial use only on computers and / or devices that you own or control. This license is subject to you: (a) not copying our software; (b) not remove, modify or obscure any copyright, trademark, or other proprietary rights notices on the Service; (c) not reverse engineering, disassemble or disassemble the Service; and (d) not access, create or modify the source code of the Service in any way.

We reserve any and all rights not expressly granted to you in accordance with this agreement. The limited rights granted to you to download, install, access and use the Service include a limited license and do not constitute the sale of any software application.

You are solely responsible for any costs you incur in accessing the Internet.

ADDITIONAL TERMS FOR iOS APPLICATION

The following terms and conditions apply only to you if you access or use any parts of the Service through a mobile app (“iOS App”) from the Apple App Store. To the extent that the other terms and conditions of these Terms are less restrictive than, or otherwise conflict with, the terms and conditions of this paragraph, the more restrictive or inconsistent terms and conditions in this paragraph apply , but only in relation to using the iOS App. You acknowledge and agree that these Terms are solely between You and Us, not Apple, and that Apple has no responsibility for the App or its contents. Your use of the iOS App must comply with the App Store Terms of Use. You acknowledge that Apple has no obligation whatsoever to provide any maintenance and support services with respect to the iOS App. If the iOS App fails to comply with any applicable warranty, you may notify Apple, and Apple will refund you the purchase price, if any, for the iOS App; to the fullest extent permitted by applicable law, Apple shall have no other warranty liability whatsoever with respect to the iOS App, and any claims, losses, liabilities, damages, costs or other expenses attributable to any failure to comply with any warranty only shall be governed by these Terms. You and WNI acknowledge that Apple is not responsible for addressing any claims by you or any third party concerning the iOS App or your possession and / or use of the iOS App, including , but not limited to: (i) product liability claims; (ii) any allegation that the iOS App fails to comply with any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You and WNI acknowledge that if any third party alleges that the App or your possession and use of that iOS App violate the intellectual property rights of a third party, WNI, not Apple, shall be solely responsible for the investigation, defend, settle and release any such intellectual property infringement claim to the extent required by these Terms. You must comply with the terms of an applicable third party agreement when using the iOS App. You and WNI acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms as they relate to your license for the iOS App, and that Apple will, in the aftermath acceptance of the Terms, the right (and shall be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary of them.

III. ACCOUNT

To access some of the features of the Service, you may be required to create an account (s) or connect via a third-party social network such as Facebook or Twitter. In creating an account on the Service, you agree that all account registration information you submit will be accurate and updated. You are prohibited from selecting a user ID: (a) subject to the rights of another person without permission; (b) with the intention of impersonating another person, entity, business or organization; or (c) is inappropriate, offensive or indecent. We reserve the right to refuse to register an account, or to suspend or terminate your account for any reason or no reason.

In the account creation process you will be required to provide a valid email address so that we can contact you regarding your account, service updates and / or interruptions, provide you newsletters, and promote special offer (s), including third- party proposals. All information you provide to register with the Service is subject to our Privacy Policy.

It is important that you keep your account information secure and confidential, and that you agree to notify us immediately of any unauthorized use of your account and agree that WNI is not liable for any loss or damage resulting from your failure to protect your password. You agree that you will be solely responsible (to WNI, and others) for all activity that occurs on your account.

Notwithstanding anything to the contrary herein, you acknowledge and agree that you will have no ownership or interest of other property in any account stored or maintained on the Service, and you further acknowledge and agree that all rights in and to those accounts in perpetuity and will forever belong to and bequeath to WNI. You may not transfer, share or make your account information available to others. Any distribution of your account information may result in suspension, termination or cancellation of your access to the Service.

IV. AGE LIMITATIONS

The Service is intended for users aged 18 or over. This is because some of the content and / or advertising on the Service may be unsuitable for children under 18 years of age.

If you are aged between 13 and 18, or otherwise a minor in your country of residence, you should obtain a guardian’s approval to use the Service, and review these Terms with that guardian. If we decide that you are under 18 and misrepresent your age, we reserve the right to terminate your account.

The Service is not directed at children under 13. We do not knowingly collect personal data from children under 13, and if we become aware that a child has provided us with personal data, we will take steps to remove such information and terminate the account.

V. USE LIMITATIONS

Your license to use the Service is subject to the following restrictions:

You agree that you will not under any circumstances:

• posting comments that are abusive, threatening, indecent, defamatory, libelous, or racist, sexual, religious, or otherwise adversarial and abusive;
• use the Service for any unlawful, harassing, unethical or disruptive purpose or to promote illegal activities;
• use the Service to ask users for their personal information;
• use the Service for any commercial purpose, including without limitation communication or facilitation of any commercial advertisement or solicitation;
• use the Service to post, transmit, or cause the posting or transmission of any spam content;
• use, reproduce, or remove any copyright, trademark, or other proprietary ideas from any of the Service’s materials or third-party partners;
• make any automated use of the system, or take any action we deem to impose or impose an unreasonable or disproportionately large load on our servers or network infrastructure;
• interfere with, interfere with or interfere with the functionality of the Service;
• disassemble, disassemble, reverse engineer, or reverse engineer the Service or any part thereof, or otherwise attempt to find any Service source code or basic proprietary information;
• avoid any measures we take to restrict access to the Service or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data; or
• publishing or linking to malicious content with the intention of damaging or disturbing another user’s browser or computer.

VI. CONTENT PROVIDED BY YOU

After registering on the Service, you may have the opportunity to publish, transmit, or otherwise make available certain content, including user comments, photographs, images, and other material or information (collectively, “User Content”) . You are solely responsible for the User Content that you post on the Service, and we reserve the right to remove any User Content at our discretion.

By posting and transmitting any User Content while using the Service, you are agreeing to:

• You are solely responsible for your account and the activity that takes place when logging into or using your account;
• You will not publish information that is malicious, false or inaccurate;
• You will not publish information that improperly claims someone else’s identity
• You hereby confirm that we have the right to determine whether any of your User Content submissions are appropriate and comply with these Terms, remove any of your User Content, and terminate your account with or without advance notice.

You understand and agree that any liability, loss or damage resulting from the use of or access to any User Content you provide through your use of the Service is your sole responsibility. We are not responsible for any public display or misuse of your User Content. We do not, and cannot, pre-screen or review all User Content, and therefore cannot be held responsible for it. However, at our discretion, we, or the technology we use, may monitor and / or record your activities on the Service.

All User Content will be, and will remain, the property of the uploading user from the moment it was created. You hereby grant WNI an unlimited, worldwide, royalty-free, sublime, flat and irreversible right and license to use, copy, modify, modify, create derivative works of, distribute, display, publish, and otherwise exploit any User Content provided. by you on the Service as well as all derivative works adapted, in whole or in part, in any languages ​​and in any media known or currently unknown, without any further notice or attribution to you, and without any consent requirement from you or any payment to you (or any other person or entity). To the extent permitted by applicable laws, you hereby waive any moral rights you may have in any User Content.

You represent and warrant that you have all rights and authority necessary to grant the rights to any User Content you submit and the User Content you submit to the Service will not infringe the rights of any third party, including without limitation any copyright, property, or right of privacy. If any User Content you submit or post on or through the Service infringes on someone else’s intellectual property rights, WNI will remove all such User Content if notified such User Content violates someone else’s intellectual property rights. WNI reserves the right to remove User Content at any time without prior notice.

WNI does not, and cannot, pre-screen or monitor all User Content. However, our representatives may monitor and / or record your communications (including unlimited chat text) while on the Service, and you hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy regarding the transmission of any User Content, including unlimited chat text or voice communications. We do not take responsibility or liability for User Generated User Content. We have the right, but not the obligation, in our sole discretion, to edit, refuse to post or delete any User Content.

VII. CONTENT PROVIDED BY US

Excluding User Content submitted by you, all content, other software (including source code), logos, icons, Service “look and feel” text, graphics, images, video clips, audio clips, notifications, data , page the design, and selection and arrangement of the content on the Service is either owned by or licensed to us, and is subject to copyright, trademark rights, and other intellectual property rights of WNI or our licensors . No downloading, copying, reproduction, distribution, transmission, transmission, display, sale, licensing or use of such content for any other purpose may be made without the prior written consent of WNI or, where applicable, WNI licensors. WNI and its licensors reserve all rights not expressly granted in and to their content. Any third-party trademarks present on the Service are trademarks of their respective owners. Any images of persons or personalities included on the Service are not an indication or endorsement of WNI or any specific product or service of WNI unless otherwise stated.

By accessing the Service you agree not to engage in any of the following activities in connection with any programming (or other IP) owned or distributed by us or our partners in addition to any digital media player provided in the Service, clips, advertisements, graphics and characters: (a) modify or use any content other than as permitted under these Terms; (b) use, market or redistribute any content through any software program other than the Service; (c) download, retransmit, reproduce or store the content on any device or media (except for any short periods necessary to stream any content); and / or (d) reformatting, optimizing or adapting the content for display, distribution or transmission.

VIII. COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT

(a) Termination of Repeat Inflow Accounts. WNI respects the intellectual property rights of others and asks our users to do the same. Pursuant to 17 U.S.C. 512 (i) of the United States Copyright Act, we have implemented a policy that provides for the termination of repeated infringers in appropriate circumstances. We may terminate access to users who are repeatedly found to provide or post protected third-party content without the necessary rights and permissions.

(b) DMCA Take-Down Notices. If you own or are the copyright holder and believe, in good faith, that any materials provided on the Service infringe your copyrights, you may serve notice in accordance with the Digital Millennium Copyright Act (see 17 USC 512 ) (“DMCA”) by sending the following information in writing to WNI’s designated copyright agent at Whip Networks, Inc. c / o Copyright Agent, 1841 Centinela Ave., Santa Monica, CA 90404, or by email [email protected]

1. Date of your notice;
2. The physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right alleged to have been infringed;
3. Description of copyright work allegedly infringed;
4. A description of the material allegedly infringing or subjected to infringing activity and information sufficient to enable us to find such work;
5. Information reasonably sufficient to allow the service provider to contact you, such as address, telephone number, and / or email address;
6. A statement that you have a sincere belief that the copyright owner, its agent or the law does not authorize the use of the material in the manner complained of; a
7. A statement that the information contained in the notice is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an allegedly infringing exclusive right.

We will respond quickly to allegations of copyright infringement using the Service reported to our copyright agent in the notice explained above. Our policy, in appropriate circumstances and at our sole discretion, is to repeatedly disable or terminate user accounts that infringe copyrights or other intellectual property rights. We reserve the right to remove User Content that is allegedly infringing at any time without prior notice and in our absolute discretion.

(c) Counter-notices. If you believe that User Content that has been removed from the Service does not infringe, or that you have the authorization from the copyright owner, the copyright owner’s agent, or by law, to post and use material in your User Content, you may send a counter notice containing the following information to our copyright agent using the contact information set out above:

1. Date of your notice;
2. A description of the content that has been removed and the location in which the content appeared before it was removed;
3. A statement that you have a sincere belief that the content has been removed as a result of a mistake or missed identification of the content; a
4. Your name, address, telephone number, and email address, a declaration of your consent to the jurisdiction of the federal court in California and a declaration that you will receive the submission of a process by the person who gave notice of the alleged violation. Your name, address, telephone number, and email address, a declaration of your consent to the jurisdiction of the federal court in California and a declaration that you will receive the submission of a process by the person who gave notice of the alleged violation.

We will respond quickly to allegations of copyright infringement using the Service reported to our copyright agent in the notice explained above. Our policy, in appropriate circumstances and at our sole discretion, is to repeatedly disable or terminate user accounts that infringe copyrights or other intellectual property rights. We reserve the right to remove User Content that is allegedly infringing at any time without prior notice and in our absolute discretion.

IX. THIRD PARTY SITES

The Service may allow you to access other websites, including but not limited to Facebook, Twitter, Pinterest, Tumblr, and their mobile applications. When you click a link, we may not warn you that you have left the Service and that you are subject to the terms and conditions (including privacy policies) of another website or destination. These sites and apps are not owned or controlled by WNI and as a result, we are not responsible or liable for, and you release us from, any loss or damage caused by any dealings between you and these third parties. , or the failure of these third-party sites or apps to function properly. The inclusion of any link or access to the Service does not imply or imply a link to, or endorsement of, the website or app or its content. the Service may also allow you to share content of the Service with a third party, which may be posted publicly on that third party’s site or application, and which would therefore be subject to the terms of service and third party privacy policy . You are responsible for reading the terms of service and the third party’s privacy policy, and you acknowledge that WNI is not responsible or liable for, and you release us from any loss or damage you have caused as a result your access and interaction with such third parties.

X. ADVERTISEMENT

The Service may issue third-party advertisements. This ad may be contextually related to your location, your conduct of use of the Service, or based on other information you have provided to us or provided to us by third parties. Any dealings you have with advertisers in using the Service are between you and the advertiser, and you agree that we do not endorse, and are not responsible for, the content, security, accuracy or legality of any third-party products or services advertised on the Service.

XI. WARNESS DISCLAIMER

YOU AGREE THAT USING THE SERVICE IS YOUR OWN DESCRIPTION AND RISK. THE “AS IS, AVAILABLE” SERVICE IS PROVIDED WITH ALL FAULTS AND, TO THE FULL EXTENT PERMITTED BY LAW, WITHOUT ANY KIND. WE HEREBY DISCLAIMS ALL WITNESSES OF ANY KIND, INDEX OR IMPLEMENTATION, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF VARIETY, QUALITY, QUALITY, QUALITY, QUALITY. NOW WE HAVE SUPPLIERS AND LICENSORS MAKES ANY WARRANTY OR WARRANTY THAT THE SERVICE WILL SAVE FREE, APPLICABLE, OR FREE OF OTHER HARMFUL PURCHASES AND COMPONENTS, OR THERE WILL BE AN ADMISSION TO THE OWNER.

XII. LIMITATION OF LIABILITY

TO THE FULL EXTENSION PERMITTED BY LAW IN APPLICABLE LEGAL, IN NO EVENT SHARING OUR DIRECTORS, EMPLOYEES OR EMPLOYEES, OR ITS LICENSES AND PARTNERS (THE “WOVEN PARTIES”). APPLYING, APPLICABLE DIRECTLY OR DIRECTLY TO (A) YOUR USE OR VARIATION OF THE SERVICE OR ANY PART OF THE SERVICE; (B) ANY CLAIM THAT YOUR CONSUMER CONTENT IS CAUSING DAMAGE TO THIRD THIRD; (C) YOUR RIGHT OR BURNER OF ANY PROVISION OF THESE TERMS; (D) YOUR ACCEPTANCE OF ANY OTHER RIGHTS, INCLUDING THE EXCLUSION OF ANY COPYRIGHT, PROPERTY, OR RIGHT OF PRIVACY; OR (E) ANY USERS INCLUDING YOUR POST OR SHARING ON OR THROUGH THE SERVICE; (F) ANY BUGS, VIRUSES, TROJAN HORSES, OR LIKE, ABOUT THEIR ORIGIN; . YOU AGREE THAT YOUR RIGHT IS ONLY RESPONSIBLE TO ANY PROBLEMS OR DESCRIPTION WITH THE SERVICE TO USE THE SERVICE. TO THE FULL EXTENSION PERMITTED BY LAW IN APPLICABLE LEGAL, THERE IS NO TOTAL EVENT YOU MAKE FOR EVERY SIGNIFICANCE OR LOSSES THAT RECEIVES THE GREATER FROM (I) THE PAYMENTS TO PAY OR (II) STATES DOLLARS ($ 50.00). THE FOREIGN LIMITATIONS WILL APPLY NIGHT IF THE ABOVE COMMENTS ARE IN ITS ESSENTIAL PURPOSE.

XIII. DEFINITION

YOU ARE AGREEING TO INSERT, AND ACCEPT HARMLESS THE PARTIESON BY AND AGAINST ANY OTHER LIABILITIES, RIGHTS, DAMAGES, RATES, TERMS, MERGING RELATIONSHIPS, YOUR USE OF THE SERVICE, WE RESERVE THE RIGHT, IN OUR EXPERIENCE, TO THE EMPLOYMENT OF EXECUTIVE ADVICE AND SOCIETY OF THE PROHIBITED DEFENSE AND CONTROL OF ANY OTHER BUSINESS SUBJECT TO DEFAULT.

XIV. DISPUTE CRIME AND GOVERNANCE LAW

THIS SECTION APPLIES TO ALL USERS OF THE SERVICE TO THE FULL LAW PERMITTED EXTENSION. ACCEPTING THESE TERMS YOU HAVE GIVEN THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AGAINST ME.

This section contains an arbitration agreement and an agreement that all claims will be brought solely by virtue of an individual (and not as a class action or other representative’s case). Read it carefully. You can opt out of the arbitration agreement by following the opt-out procedure described below.

The Informal Process First

You agree that in the event of any dispute between you and WNI, you will first contact WNI and make an ongoing effort to resolve the dispute before resorting to more formal resolution, including without limitation any court action.

Arbitration Agreement

After the informal dispute resolution process, any remaining dispute, dispute or claim (collectively, “Claim”) will relate in any way to your use of WNI services and / or products, including the Service, or in any way related to the communications between you. and WNI or any other user of the Service shall finally be resolved by binding arbitration. This mandatory arbitration agreement applies equally to you and WNI. However, this arbitration agreement does not (a) govern any Claim by WNI for infringement of its intellectual property or access to the Service that is unauthorized or exceeds the authorization granted in these Terms or ( b) prohibit you from using the competent small claims court. procedures in appropriate cases. If you are an individual you can opt out of this arbitration agreement within thirty (30) days from the first of the date you access or use this Service by following the procedure and described below.

Arbitration is more informal than a lawsuit in court. No judge or jury arbitrates. Instead, the dispute is resolved by a neutral arbitrator. Court review of arbitration award is limited. Except to the extent otherwise agreed by the parties, arbitrators may award the same damages and reliefs that a court may award. You agree that the United States Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and WNI each waive the right to trial by jury or to participate in a class action. This arbitration provision shall survive any termination of these Terms.

The number of arbitrators will be one. You may choose to conduct the arbitration by telephone, based on written submissions, or in person in the county where you live or at another agreed location. The arbitration will be conducted in the English language. Massachusetts law will apply. A judgment on the judgment given by the arbitrator may be entered in any court with jurisdiction.

The arbitrator, and not any federal, state, or local court, shall have exclusive authority to resolve any dispute concerning the interpretation, applicability, incontinence, arbitrability, enforceability, or formulation of this arbitration agreement, including any allegation that the all or any part of this arbitration agreement is void or void. However, the preceding sentence will not apply to the “Skip Class Action” section below.

Opt Out Out of Arbitration

If you do not wish to arbitrate disputes with WNI and you are an individual, you can opt out of this arbitration agreement by emailing [email protected] within thirty (30) days from the first of the date that you will access or use. the Service comes into effect upon the coming into force of these Terms.

Skip Class Action

Any Claim must be brought by virtue of the party’s sole function, and not as a plaintiff or class member in any alleged class, collective, representative, multiple plaintiff, or similar case (“Action Class”). The parties expressly waive any ability to conduct any Class Action in any forum.

XV. CHANGES TO TERMS

We are constantly updating the Service, and that means we reserve the right to update these Terms for any reason. If we make changes that are material, we will attempt to notify you, including by updating the “LAST MODIFIED” date at the top of these Terms. However, it is your sole responsibility to review the Terms from time to time to view any such changes. If you continue to use the Service, you signify your agreement to our revisions to these Terms. If you disagree with any of our changes, you should discontinue your use of the Service.

XVI. TERMINATION

We reserve the right to change, suspend or discontinue (temporarily or permanently) the Service at any time, with or without cause, and may not be able to provide you with prior notice of such changes, suspension or discontinuation. We may also change, restrict or terminate your access to the Service any time, with or without cause. We are not liable to you or to any third party for any changes, suspension, or restriction to, or termination of the Service.

If you wish to terminate your account, you may simply discontinue using the Service. All provisions of these Terms which by their nature should survive termination shall survive termination, including without limitation ownership provisions, warranty disclaimers, indemnity and limitations of liability. Our rights under these Terms will survive any termination of these Terms.

XVII. GENERAL TERMS

If any part of these Terms is held invalid or unenforceable, that portion of the Terms will be construed consistent with applicable law, and the remaining portions will remain in full force and effect. Any failure on the part of WNI to enforce any provision of these Terms will not be considered a waiver of our right to enforce such provision.

We may assign or delegate these Terms and/or our Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms or Privacy Policy without our prior written consent, and any unauthorized assignment and delegation by you is void.

YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS, UNDERSTAND THE TERMS, AND WILL BE BOUND BY THESE TERMS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS TOGETHER WITH THE PRIVACY POLICY REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.

XVIII. CONTACT

If you have questions about these Terms, please email us at [email protected]