Welcome to ItalyandtheHolocaust.org (the “Site”), operated by Italy and the Holocaust, Inc. and its successors, licensees and assigns (collectively, “Company”). By using the Site, you signify your assent to these Terms and Conditions. If you do not agree to all of these Terms and Conditions, do not use this Site. Further, you may not use the Site if you are not thirteen (13) years of age or older. Company may revise and update these Terms and Conditions at any time and you agree to review the Terms and Conditions periodically to be aware of such changes. Your continued use of the Site will mean you accept such changes.
PARENTAL ADVISORY: IF YOU ARE A USER BETWEEN THE AGES OF 13 AND 17, PLEASE REVIEW THESE TERMS AND CONDITIONS WITH YOUR PARENTS. THE SITE IS NOT DESIGNED FOR USE BY CHILDREN UNDER THE AGE OF 13. BECAUSE THE SITE MAY PROVIDE ACCESS TO EXPLICIT CONTENT, INCLUDING, WITHOUT LIMITATION, STRONG LANGUAGE OR DEPICTIONS OF VIOLENCE, PARENTAL DISCRETION IS ADVISED FOR ALL USERS AGES 13 TO 17.
1. Your Use of Content.
Except for any Submitted Content (defined below), as between you and Company, all content contained on or accessed from the Site, including, without limitation, videos, text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, images, applications, programs, computer code and/or any other materials and/or information (collectively, the "Content"), including but not limited to the design, layout, “look and feel” and arrangement of such Content, is owned by Company and protected by copyright, trademark and/or other intellectual property and unfair competition laws. Company authorizes you to view the Content solely for your personal, non-commercial, informational purposes and solely in accordance with the terms hereof. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within any Content, and that you will abide by all such notices. You may not copy, display, distribute, modify, publish, reproduce, store, transmit, post, translate or create other derivative works from, or exploit, use, sell, rent or license to any third party, all or any part of the Content, except as otherwise expressly permitted under these Terms and Conditions. Any use of the Content not expressly permitted by these Terms and Conditions may constitute a breach hereof and may violate copyright, trademark, and/or other laws. All rights not expressly granted herein are reserved to Company.
You may not reverse engineer, disassemble, decompile or translate any software in the Content, or otherwise attempt to derive the source code of such software without Company’s prior written permission, except to the extent expressly permitted under applicable law. Unless expressly authorized by Company, you may not use any robots, spiders, crawlers or other automated downloading programs, algorithms or devices, or any similar or equivalent manual process, to: (i) continuously and automatically search, scrape, extract, deep link or index any Content; (ii) harvest personal information from the Site for any purposes, including, without limitation for sending unsolicited or unauthorized material; or (iii) cause disruption to the workings of the Site or any other third-party’s use of the Site. You may not attempt to gain unauthorized access to any portion or feature of the Site, any other systems or networks connected to the Site and/or to any Company server. You will not circumvent, disable or attempt to circumvent or disable any Site and/or Content security measures and/or any other related devices, warnings or firewalls. You may not use the Site to publish or distribute any information (including software or other content) which is illegal, misleading, defamatory, abusive, hateful, profane, pornographic, threatening or vulgar, which contains errors, viruses or other harmful components, which violates or encourages anyone to violate these Terms and Conditions, any applicable law, rule and/or regulation, which violates or infringes upon the rights of any other person or entity and/or which is otherwise actionable at law. You may not, without the express written approval of Company in each instance, use the Site to publish or distribute any advertising, promotional material, and/or solicitation to other visitors of the Site. For example (but without limitation), you may not use the Site to conduct any business, to solicit the performance of any activity that is prohibited by law, or to solicit other users to become subscribers of other information services. Any questions about whether a particular use is authorized and any requests for permission to publish, reproduce, distribute, display or make derivative works from any Content or other works, images or materials published by Company should be directed to Company at firstname.lastname@example.org.
2. Content Submitted by You.
Company may, from time to time, offer you the opportunity to submit certain Content to Company, whether via the Site or by other online or offline means (“Submitted Content”). If you submit such Content, you acknowledge and agree that: (i) Company has no obligation to use or respond to any Submitted Content; (ii) the provision of Submitted Content by you in no way imposes any obligation on Company, whether of confidentiality, review, approval, attribution, use or otherwise, and Company shall not be liable for any use or disclosure of any Submitted Content; and (iii) Submitted Content may be subject to size and usage limitations, and you are responsible for adhering to such limitations. Further, you represent and warrant that: (i) all Submitted Content is accurate and does not violate the copyright, trademark, patent, trade secret or any other right of any third party; and (ii) you own or control 100% of the rights in all Submitted Content and will not provide any Submitted Content which contains any names, voices, images, biographical information, graphics, designs, logos, page headers, button icons, scripts, commercial markings, trade dress, service names or any other copyrighted and/or proprietary materials of any third party (collectively, the “Third-Party Materials”), unless you have first secured the right to use same, as set forth more fully below. You hereby waive any and all claims (including, without limitation, claims based upon copyright or trademark infringement, invasion of privacy, defamation, false light, or right of publicity) arising out of any use of the Submitted Content and/or of your name, image, likeness, voice and/or biographical information and/or that of any third party that is included therein.
You acknowledge and agree that Company has the absolute right (but not the obligation) to review and monitor all Submitted Content in its sole discretion, and that Company reserves the right to alter, edit, refuse to use or remove any Submitted Content, in whole or in part, for any reason or for no reason, and to disclose such Content and the circumstances surrounding its transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect Company, visitors to the Site, service providers and/or other third parties. You agree that you shall immediately notify Company in writing of any objectionable Submitted Content or other Content appearing on the Site.
By submitting Submitted Content to Company, you automatically grant to Company and its agents, successors, licensees and assigns the non-exclusive, irrevocable, transferable, sub-licensable, royalty-free, fully-paid right and license to use, edit, modify, interpolate, digitize, reproduce, publish, distribute and/or exploit such Submitted Content, either by itself, or in combination with other materials, and to use your voice, name, likeness, image and/or biographical information in and in connection therewith, throughout the universe, in perpetuity, in any and all media now known or hereafter devised, for any and all purposes, including, without limitation in any and all advertising, marketing, publicity and/or promotional materials. Company shall not be limited in any way in its use, commercial or otherwise, of any such Submitted Content, and you hereby waive any moral rights in, or approval rights to the use of, such Submitted Content.
Without limiting any other provision of these Terms and Conditions, if any of your Submitted Content includes any Third-Party Materials, you represent and warrant that you have an irrevocable, transferable, sub-licensable, written license to use, and to permit others to use, such Third-Party Materials, to the same extent as set forth above, free and clear of any obligation of compensation to you or anyone else, and you hereby sublicense all such rights to Company on a non-exclusive, irrevocable, transferable, sub-licensable, royalty-free, fully-paid basis.
3. Copyright Agent.
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your work has been copied and posted on the Site in a way that constitutes copyright infringement, please provide Company’s copyright agent with the following information: an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Site; your address, telephone number, and e-mail address; a written 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; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon Company actual knowledge of facts or circumstances from which infringing material or acts are evident. Company's copyright agent for notice of claims of copyright infringement can be reached at: email@example.com.
We suggest that you consult your legal advisor before filing a notice with Company’s copyright agent. You should be aware that there may be penalties for false claims under the DMCA.
4. Third-Party Links.
The Site may link to third-party websites. Company does not recommend or endorse any content on any third-party website. Further, Company has no control over and is not responsible for the content of any third-party websites or advertisements, and does not make any representations regarding their content or accuracy. You understand that by visiting any third-party website linked to the Site you may be exposed to content or other materials that you may find offensive, indecent, defamatory or otherwise objectionable. Your use of any third-party website is at your own risk and subject to the terms and conditions of use for such website.
Company will not, either directly or indirectly, be held responsible or in any way liable for: (i) the non-availability of any third-party website; (ii) any content and/or materials, including, without limitation, data, text, software, music, sound, photographs, video, messages, tags, links, advertising, services and/or products available on or from such websites; (iii) your participation, correspondence or business dealings with any third party found on or through such websites, including, without limitation, any payment and delivery of specific goods and/or services, and any other terms, conditions, representations or warranties associated with such dealings, which are solely between you and any such third party; and/or (iv) any damage or loss caused or alleged to be caused by or in connection with your interaction with any such third party or your use of any third-party website.
5. Warranty Disclaimer/ Limitation of Liability.
THE USE OF THE SITE AND THE CONTENT IS AT YOUR OWN RISK. When using the Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of Company and/or its suppliers. Accordingly, Company assumes no liability for the non-availability of the Site and/or any delay, failure, interruption, or corruption of any data or other information transmitted in connection with the use of the Site.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE SITE IS PROVIDED "AS IS", “WHERE IS” AND "AS AVAILABLE". NEITHER COMPANY, NOR ANY OF ITS AFFILIATES AND/OR SUBSIDIARIES, NOR ANY OF THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES, CONSULTANTS, AGENTS, SUCCESSORS, LICENSEES AND/OR ASSIGNS (COLLECTIVELY, THE “COMPANY PARTIES”), ASSUMES ANY RESPONSIBILITY FOR YOUR USE OF THE SITE INCLUDING, WITHOUT LIMITATION, ANY INFORMATION PROVIDED THEREIN. NOTHING HEREIN SHALL BE CONSTRUED AS A PROMISE, GUARANTEE AND/OR CLAIM BY ANY COMPANY PARTY REGARDING THE SITE AND YOUR USE THEREOF. NONE OF THE COMPANY PARTIES SHALL HAVE ANY LIABILITY, OBLIGATION OR RESPONSIBILITY TO YOU OR ANY OTHER PERSON FOR ANY LOSS, DAMAGE, OR ADVERSE CONSEQUENCE THAT HAPPENS OR IS ALLEGED TO HAVE HAPPENED, DIRECTLY OR INDIRECTLY, AS A RESULT OF YOUR USE OF THE SITE AND/OR ANY CONTENT APPEARING THEREON. NO COMPANY PARTY MAKES ANY GUARANTEE AS TO THE ACCURACY, CORRECTNESS, USEFULNESS OR COMPLETENESS OF THE SITE. NO COMPANY PARTY SHALL BE LIABLE FOR ANY ACTUAL OR ALLEGED LOSSES AND/OR DAMAGES ALLEGED TO ARISE FROM OR ARISING FROM, ANY CONTENT APPEARING ON THE SITE OR ANY ERRORS OR OMISSIONS ALLEGED TO ARISE FROM OR ARISING FROM THE USE OF OR YOUR RELIANCE ON ANY SUCH CONTENT. THE COMPANY PARTIES DISCLAIM: (I) ALL IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR ANY PARTICULAR PURPOSE REGARDING THE SITE; AND (II) ALL OTHER WARRANTIES THAT ARE NOT EXPRESSLY GRANTED HEREIN.
IN NO EVENT SHALL ANY OF THE COMPANY PARTIES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE LOSSES OR DAMAGES, INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFIT, LOSS OF GOODWILL OR BUSINESS REPUTATION OR LOSS OF DATA, ARISING, DIRECTLY OR INDIRECTLY, OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE (INCLUDING WITHOUT LIMITATION YOUR USE OF ANY INFORMATION OBTAINED FROM OR THROUGH THE SITE), UNDER ANY CAUSE OF ACTION OR THEORY OF LIABILITY. IN NO EVENT SHALL THE COMPANY PARTIES’ AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE EXCEED THE LESSER OF: (I) THE CUMULATIVE AMOUNT OF PAYMENTS MADE TO COMPANY BY YOU (IF APPLICABLE) OVER THE SIX (6) MONTH PERIOD PRECEDING ANY CLAIM UNDERLYING SUCH LIABILITY; OR (II) ONE THOUSAND DOLLARS ($1,000).
THE LIMITATIONS ON THE LIABILITY OF ANY COMPANY PARTY TO YOU, AS SET FORTH IN THIS SECTION, SHALL APPLY WHETHER OR NOT ANY SUCH COMPANY PARTY HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OR LIKELIHOOD OF ANY SUCH LOSSES OR DAMAGES OCCURING.
YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE INCLUDING WITHOUT LIMITATION YOUR USE THEREOF, MUST BE FILED BY YOU WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR IS CLAIMED TO HAVE ARISEN.
You agree to indemnify, defend and hold harmless each of the Company Parties from any and all claims, demands, actions or damages of every kind and nature (whether actual, consequential, direct and/or indirect), including, without limitation, reasonable attorneys' fees and disbursements arising out of your: (i) breach or alleged breach of any provision of these Terms and Conditions; (ii) violation or alleged violation of any law, rule and/or regulation; and/or (iii) alleged or actual negligence or willful misconduct. You shall have the right and duty to assume the control of the defense thereof with counsel reasonably acceptable to each such Company Party; provided, however, that each such Company Party may take part in and/or to fully assume such defense, at its own expense in its sole discretion, after you assume the control thereof. You agree not to enter into any settlement that any of the Company Parties believes is adverse to its interests without receiving the prior written consent of each such party. In no event shall any Company Party be obligated to participate in any settlement that such party reasonably believes would have an adverse effect on such party’s business interests.
7. No Equitable Relief.
You acknowledge and agree that in the event of a breach of these Terms and Conditions by Company or any third party, your sole and exclusive remedy for such breach will be an action at law for damages (if any) and in no event will Company be liable to you or any third party for any indirect, incidental, consequential or punitive damages in connection therewith. You irrevocably waive any right to enjoin or restrain the use of any Content and/or Submitted Content in whole or in part, or otherwise to seek and/or obtain equitable or injunctive relief in connection herewith.
8. No Agency.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created between you and Company by reason of these Terms and Conditions.
The provisions of these Terms and Conditions will survive termination or expiration to the extent necessary to carry out the intentions of Company. Section headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of any section. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver by Company of any term or condition set forth herein shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
10. Governing Law/Jurisdiction.
These Terms and Conditions are governed by the internal substantive laws of the State of New York, without reference to New York’s conflict of laws principles. Any claim arising hereunder shall be prosecuted exclusively within the State and Federal courts situated in the State of New York, County of New York, and courts with appellate jurisdiction therefrom, and the parties agree and expressly consent to the jurisdiction of such courts for such purposes.
11. Complete Agreement.
These Terms and Conditions constitute the entire agreement between you and Company with respect to the use of the Site, the Content and/or Submitted Content.