Terms and Conditions of Use

1. Histografica.com is owned by HistoGrafica Ltd. ("HistoGrafica"), a private company limited by shares, registered in Ireland with the registration number 429624 and its registered office at 33 The Chandler, Arran Quay, Dublin 7.

2. This page states the Terms and Conditions under which you (the "User") may use the Site. Please read this text carefully. If you do not accept the Terms and Conditions stated here, do not use the Web Site.

Acceptance of Terms and Conditions

3. HistoGrafica reserves the right to change these Terms and Conditions at any time without notice by updating this posting. You should visit this page periodically to review the Terms and Conditions, because they are binding on you and each time you use the Site you agree to be bound by the current terms and conditions. You can view the most up to date version of the Terms and Conditions at http://www.histografica.com/terms.aspx.

4. You understand and agree that your use of HistoGrafica includes certain communications from HistoGrafica, such as administrative messages and service announcement. These communications are necessary for HistoGrafica to provide you with the service.

5. If there is any conflict between HistoGrafica’s Privacy Statement and these Terms and Conditions of Use, these Terms and Conditions of Use prevail.

Registration

6. When completing HistoGrafica’s registration form, you will be asked to choose a username and password in order to create an account. We reserve the right to refuse or later modify your username or password where necessary. You are responsible for maintaining the confidentiality of the username and password and are fully responsible for all activities that occur under your password or account. You agree to immediately notify HistoGrafica of any unauthorised use of your password or account or any other breach of security. You also agree to provide true, accurate, current and complete information about yourself as prompted by the registration form and to promptly update that information as necessary. If you provide any information that is untrue, inaccurate, not current or incomplete, or we reasonably suspect that such information is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your account and refuse any and all current or future use of HistoGrafica (or any portion thereof).

Privacy

7. We at HistoGrafica respect your right to privacy and comply with our obligations under the Data Protection Acts 1988 and 2003. You can read our full privacy policy at: http://www.histografica.com/privacy.aspx.

User Conduct

8. You agree not to use HistoGrafica to do any of the following:

a. Post, publish, upload, email, share, or otherwise make available (“Post”) any pictures, profiles, tags, messages, notes, text, information, and other content (“Content") that infringes on any intellectual property rights of others (including, but not limited to, any copyrights, domain names, patents, database rights, logos, designs, trademarks, service marks, business names, trade secrets, literary, dramatic, musical and artistic works), or on the privacy of others;

b. Post any Content that is offensive, libellous, defamatory, harmful, threatening, abusive, harassing, vulgar, hateful, or that is racially, ethnically or otherwise objectionable, contains pornography, or is illegal or unlawful in nature;

c. Reproduce, duplicate, copy, sell, resell, trade or exploit any Content of HistoGrafica (or available through HistoGrafica), in whole or in part, including but not limited to text, designs, graphics, pictures, information, applications, software and other material ("Material”), unless such material is clearly marked as licensed to be available for such actions;

d. Falsify or forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through HistoGrafica, unless such Content is clearly marked as licensed to be available for such actions;

e. Impersonate another person or entity (including, but not limited to an official or representative of the Company), or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity and use or attempt to use another's account;

f. Use HistoGrafica (except for Content clearly marked as licensed to be available for such actions) in connection with any commercial purpose (with the exception of advertising programs we offer on HistoGrafica) unless you have full written permission of the Company;

g. Post on HistoGrafica any personal information of any third party, including, without limitation, credit card numbers and/or contact information;

h. Solicit personal information, passwords or personally identifying information from anyone under the legal age, for commercial or unlawful purposes;

i. Use the website in any manner which could damage, disable, overburden or impair the website or any services provided by the website or interfere with any other persons use and/or enjoyment of the website or those services. In particular, you must not knowingly or recklessly introduce viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt, through hacking, password mining, steganography, or any other means, to gain unauthorised access to our website, the server on which our website is stored or any server, computer or database connected to our website, other accounts or computer systems and/or networks connected to the website. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack;

j. Avoid, bypass, remove, deactivate, impair, override or otherwise circumvent any technological measure protecting HistoGrafica;

k. Use any meta tags or other hidden text or metadata utilising a HistoGrafica name, trademark, URL or product name without the Company's express written consent

User Submissions

9. You understand that you are solely responsible for your own submissions and communications and assume all consequences of your posting.

10. Each picture uploaded onto the Website will be screened by HistoGrafica before appearing in Search Results. We reserve the right to reject pictures on following grounds:

a. The picture does not correspond to the title or description

b. The picture is not older than 10 years, or in case of a drawing, does not illustrate a scenery dated 10 years ago or more.

c. The Content of the picture does not conform to the User Conduct defined in these Terms and Conditions of Use

d. The picture does not allow to identify the geographical location where it was taken or what place it shows

e. The picture is of poor quality

11. Although we monitor all pictures uploaded onto the Website and reserve the right to monitor the Content of other types of users’ postings, we are not responsible for the Content being posted. If notified by a User or copyright holder that Content does not conform to these Terms and Conditions, we may investigate the allegation and determine in good faith and at our sole discretion whether to remove or request the removal of the Content.

12. We reserve the right to remove temporarily or permanently any Content which is abusive, illegal, or disruptive or which we otherwise deem to be in breach of these Terms and Conditions;

13. In case of breach of these Terms and Conditions or any applicable law, we reserve the right to suspend or terminate the user accounts and prevent or limit further access to HistoGrafica.

14. You acknowledge, consent and agree that we may access and disclose your account information and Content if required to do so by law or if we believe in a good faith that such access or disclosure is reasonably necessary to comply with legal process, further our legitimate business interests, enforce these Terms and Conditions, respond to your queries, investigate any alleged breach of third parties’ rights, or protect the rights, property or personal safety of HistoGrafica, its users and the public. Any processing of your personal information will be carried out further to our Privacy Statement and the Data Protection Acts 1988 and 2003.

15. We do not claim ownership of Content that you choose to Post to HistoGrafica. Moreover, we allow you to set the copyright status to any picture you post. However, by posting or making Content available through HistoGrafica, you hereby grant to HistoGrafica a perpetual, irrevocable, worldwide, royalty-free and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through the Services. This license is for the sole purpose of enabling HistoGrafica to display, distribute and promote the Services.

16. By posting or making Contant available through HistoGrafica, you grant to each user of HistoGrafica a wordwide, royalty-free, non-exclusive licence to access and view your Content, including photos and graphics, through HistoGrafica, in compliance with these Terms and Conditions.

17. Your license to HistoGrafica, with respect to any Content, will terminate once you or HistoGrafica remove it from HistoGrafica. However, you acknowledge that HistoGrafica may retain archived copies of your Content.

Disclaimer

18. Your use of HistoGrafica is entirely at your own risk. We are not responsible for what users Post on HistoGrafica and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable Content you may encounter on HistoGrafica. We disclaim, to the fullest extent permitted by applicable law, liability for any type of loss or damage which may be suffered by any person resulting from the dissemination or use of this website.

19. We may at any time and without liability modify, suspend or discontinue HistoGrafica, with or without notice, for technical, operational or other reasons.

20. The Company and its officers, directors, employees, agents make no warranties or representations that HistoGrafica will operate error-free or that HistoGrafica and its servers are free of defects (software or hardware).

21. The Company and its officers, directors, employees, agents make no warranties or representations that HistoGrafica will not experience any delay in operation or transmission, communications line failure, be subject to theft or destruction or unauthorised access to, or alteration of, user communications, viruses, bugs, and other harmful elements.

22. If your use of HistoGrafica or its Content results in the need for servicing or replacing equipment or data, we assume no responsibility whatsoever for those costs.

23. We do not represent or guarantee the truthfulness, accuracy, or reliability of any communications posted by other users, or endorse any opinions expressed by users. You acknowledge that any reliance on Content posted by other users will be at your own risk.

24. HistoGrafica and Material on or through HistoGrafica are provided on an “as is” and “as available” basis without any warranties of any kind. The Company and its officers, directors, employees, agents, to the fullest extent permitted by law, disclaim all conditions and warranties, express or implied including, without limitation, any warranty or terms of merchantability, non-infringement of third parties rights, and any warranty of fitness for particular purpose. The Company and its officers, directors, employees, agents make no warranties about the accuracy, reliability, completeness, or timeliness of the Material available on or through HistoGrafica, or that HistoGrafica will meet your expectations or requirements.

Limitation of Liability

25. To the fullest extent permitted by applicable law, the Company and its officers, directors, employees, agents, disclaim liability for any damages whatsoever (including, without limitation, incidental, special and consequential damages, lost profits, or damages resulting from lost data or business interruption and even if such losses or damages were foreseen, foreseeable or known or we or any other party were advised of the possibility of them in advance) resulting from the use or inability to use HistoGrafica and the Material, whether based on statute, contract, tort, or any other legal cause.

26. The aggregate liability of the Company to you for all claims arising from the use of HistoGrafica (including but not limited to the software) is limited to €1 and you acknowledge that this is a genuine pre-estimate of any loss you might suffer as a result of such a claim.

Indemnity

27. You agree to defend, indemnify, and hold harmless the Company and its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting whether directly or indirectly from your use of HistoGrafica (including but not limited to any software) or your breach of these Terms and Conditions.

Dealing with Advertisers

28. You acknowledge and agree that any communication or business dealings with, or participation in promotions of, advertisers found on or through HistoGrafica, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You further agree that the Company and its officers, directors, employees, agents, shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on HistoGrafica.

Links

29. HistoGrafica contains links to third party websites. We are not responsible for the content of linked third party websites and do not make any representations regarding the content or accuracy of materials on such websites. If you decide to access linked third-party websites, you do so at your own risk.

30. HistoGrafica welcomes the hyper-linking to HistoGrafica from other appropriate Web Sites. However, we reserve the absolute right to refuse permission to such links without giving reasons. Any links to HistoGrafica from another website must be presented in such a manner that the viewing of HistoGrafica is not impaired by framing or similar techniques that may impair the User’s experience.

Intellectual Property Rights

31. You acknowledge and agree that HistoGrafica and any necessary software used in connection with HistoGrafica contain proprietary and confidential information that is protected by applicable intellectual property and other laws.

32. You further acknowledge and agree that Material contained in sponsor advertisements or information presented to you through HistoGrafica or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorised by the Company or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on HistoGrafica or the Software, in whole or in part.

33. Subject to your compliance with these Terms and Conditions, we grant you a personal, non-transferable, non-sublicensable right to access, view public Content and/or Material, only for your personal, non-commercial use. With the exception of your Content, and Content clearly marked as eligible for such actions, you may not distribute any Material and/or Content to third parties, use any Material and/or Content (except as may be permitted by a separate license explicitly attached to a particular piece of Material and/or Content), or otherwise copy, modify, distribute, publicly display or perform any Material and/or Content (except as such acts may be permitted by a separate license explicitly attached to such Material and/or Content).

Governing Law and Jurisdiction

34. HistoGrafica is controlled by the Company from its location within Ireland. Users who access HistoGrafica from other locations do so on their own initiative and are responsible for compliance with applicable local laws.

35. Any disputes, claims or proceedings arising out of or in any way relating to HistoGrafica (and/or the Material submitted through HistoGrafica) shall be governed by the laws of Ireland. The Irish Courts shall have exclusive jurisdiction for the purpose of any proceedings arising out of or in any way relating to HistoGrafica (and/or the Material submitted through HistoGrafica). Without prejudice to the foregoing, the Company may seek provisional or protective relief in the courts of another State prior to, during or after any substantive proceedings have been instituted in Ireland and the Company may bring enforcement proceedings in another state on foot of an Irish judgement.

Termination

36. The Company may terminate your membership, delete your profile and any Content or information that you have posted on HistoGrafica at any time, with or without notice, under certain circumstances that it believes in its sole discretion to be reasonable, including but not limited to, your breach of the Terms and Conditions, requests by law, unexpected technical or security issues, extensive period of inactivity and /or death of the account holder. You may terminate your account at any time by sending us an email to: support (at) histografica.com. Your account will be terminated as soon as reasonably practicable following receipt of your written request.

37. The Company shall not be liable to you or any third party for any termination of your account.

Complaints

38. If there are any aspects of these Terms and Conditions or the Privacy Statement, or if you would like to make any comment or complaint in relation to HistoGrafica, email support (at) histografica.com