Terms of Use

OUTHISTORY TERMS OF USE

Unless otherwise specified, all content on the website is available for non-commercial use under the terms of the Creative Commons Attribution-Non-Commercial-Share-Alike 3.0 License.

Please see Contributors' Guidelines for information on how to contribute content to this website. Use of this site constitutes acceptance of our Terms of Use and Privacy Policy Privacy Policy.

TERMS OF USE

By using and/or visiting this website (collectively, including all content and functionality available through the OutHistory.org domain name, the “OutHistory Website”, or “Website”), you signify your agreement to

(1) these terms and conditions (the “Terms of Use”),

(2) OutHistory’s Privacy Policy, incorporated here by reference, and

(3) OutHistory Contributors' Guidelines incorporated here by reference (collectively, the “Agreement”). If you do not agree to any of these terms, the OutHistory privacy notice, or the Contributor Guidelines, please do not use the OutHistory Website.

1. Types of Content

OutHistory is an educational website in development about lesbian, gay, bisexual, transgender, and heterosexual history. (Read more at: About) The Website has two types of content:

(i) protected entries by a named creator, which can be changed only by that creator and site administrators who are responsible for its accuracy, completeness, evidence, and clarity (each, a “Protected Entry”);

(ii) and open entries that are produced collaboratively by anyone with evidence and references to share, where no named creator is responsible, and the accuracy of its content may be uncertain (each, an “Open Entry”).

2. Copyrights

a. Open Entries. User contributions to Open Entries are licensed under the terms of the Creative Commons Attribution-Non-Commercial-Share-Alike 3.0 License. If you are considering copying, distributing, or creating new works based on the content of the Open Entries on this Website, please consult the terms of the license to see whether your use is permissible.

b. Protected Entries. Contributors of Protected Entries may choose to make their articles available under the Creative Commons license. Alternatively, they may limit their contribution to this Website only, in which case a clear Copyright statement will appear on top of the article (for example: By: Jane Doe, Copyright Year of Publication, All Rights Reserved). If you are considering using Website content that has not been released under the Creative Commons license, please contact the author for permission.

3. Trademarks

Any of the trademarks, service marks, collective marks, design rights or similar rights that are mentioned, used or cited in the articles on the OutHistory Website are the property of their respective owners. Their use here does not imply that you may use them for any other purpose. Unless otherwise stated, OutHistory neither endorsed nor affiliated with any of the holders of any such rights, and as such OutHistory cannot grant any rights to use any otherwise protected materials. Your use of any such or similar intellectual property is at your own risk.

4. Personality rights

OutHistory contains material that may portray an identifiable person who is alive or deceased recently. The use of images of living or recently deceased individuals is, in some jurisdictions, restricted by laws pertaining to personality rights, independent from their copyright status. Before using such content, please ensure that you have the right to use it under the laws which apply in the circumstances of your intended use. You are solely responsible for ensuring that you do not infringe someone else's personality rights.

5. Updates

OutHistory may, in its sole discretion, modify or revise these Terms of Use and policies at any time, and your use of the OutHistory Website following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms.

6. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE OUTHISTORY WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, OUTHISTORY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. OUTHISTORY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE'S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY

(I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE,

(II) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,

(III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE,

(IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE OUTHISTORY WEBSITE.

7. Limitation of Liability

a. IN NO EVENT SHALL OUTHISTORY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY

(I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,

(II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE,

(III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE,

(IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR

(V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE OUTHISTORY WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

b. YOU SPECIFICALLY ACKNOWLEDGE THAT OUTHISTORY SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

c. The Website is controlled and offered by OutHistory from its facilities in the United States of America. OutHistory makes no representations that the OutHistory Website is appropriate or available for use in other locations. Those who access or use the OutHistory Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

8. Indemnity

You agree to defend, indemnify and hold harmless OutHistory, its parent institution, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:

(i) your use of and access to the OutHistory Website;

(ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the OutHistory Website.

9. Ability to Accept Terms of Use

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.

10. Assignment

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by OutHistory without restriction.

11. Jurisdiction

You agree that:

(i) the OutHistory Website shall be deemed solely based in New York; and

(ii) the OutHistory Website shall be deemed a passive website that does not give rise to personal jurisdiction over OutHistory, either specific or general, in jurisdictions other than New York. These Terms of Use shall be governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. Any claim or dispute between you and OutHistory that arises in whole or in part from the OutHistory Website shall be decided exclusively by a court of competent jurisdiction located in New York County, New York.

12. No Other Rights

Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

13. Entire Agreement

This Agreement and any other legal notices published by OutHistory on the Website, shall constitute the entire agreement between you and OutHistory concerning the OutHistory Website. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and OutHistory's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

Posted 8-3-08 9:01 pm