Terms of Use

Circus Historical Society
Terms of Use
DATED: 01-23-19

Please read the following before using our Site.

  1. Important RulesThe following Terms are really important and regulate your use of our Site. If you don’t agree with these terms or any other portion of the Terms, please don’t use the Site. You also agree: 
    • By using this Site you agree to follow our Privacy Policy.
    • Use of this website must be for personal, non-commercial use. 
    • By using this website, you represent that you are at least 13 years old. Persons who are at least 13 years of age but under the age of 18 may only use the website with parental or guardian consent; otherwise please exit this website.
    • You will be careful with the information you disclose on the website and how you engage with other users. If something makes you uncomfortable or seems suspicious, stop communication and contact us immediately at webmaster@circushistory.org.
    • All links or guidelines referenced in these Terms are made a part of these Terms.
      Definitions:
      “Service(s)” means any service offered through our Site, including our amazing resources, publications, event registries and message boards (each a “Service” and collectively “Services”).
      “Site” will mean www.circushistory.org
      “Terms” means these Terms of Use.
  2. Your Acceptance
    Circus Historical Society (also “CHS”, “us”, “we”, or “our”) offers an online resource for all things circus (including resources, publications, memberships, memorabilia, etc.) through its Site.We may, in our sole discretion, take-down, modify or change these Terms without prior notice. You agree to, from time to time, check back here for the most up-to-date version via www.circushistory.org. You are bound by changes as soon as they are posted.

    These Terms apply to anyone using, or purchasing through, the Site, whether or not you create an account. By accessing this Site, using a Service, or by clicking to accept or agree to these Terms, you agree to be bound by: (1) these Terms and, (2) our Privacy Policy.      If you do not agree to the Terms or Privacy Policy do not use the Service.
  3. Opening an Account
    • Your Account Security. In order to access some Services, you may have to create an account. For security reasons, you may not use an account that does not belong to you or is registered in your name. You may not provide another person with access to Services using your user name, password or other security information. Notify us immediately if you discover a breach of security or unauthorized use of your account.
    • Your Passwords and Login. Do not disclose usernames, passwords, and any other security information to anyone. If there is unauthorized use of your account, you may be liable for any damages or losses suffered by CHS and its agents or vendors.
    • Disabling Your Login. We have the right to disable any user name, password or other identifiers at any time in our sole discretion. If we disable an identifier (for example, where you are in violation of the Terms) we are not liable for any losses you experience as a result. This includes, but is not limited to, coaching notes, presentations, assessments, video, etc. Make all arrangements to back up the materials in your account.
  4. Third Party Links
    The Site may contain links to third party websites that we do not own or control. We are not responsible for the content, policies, or practices of a third party website. By using a Service, you agree CHS and its agents or vendors will not be responsible for any damage resulting from your use of a third-party website.
  5. Your Use of the Site—Permissions and Restrictions
    We grant you a limited, personal, non-exclusive, non-transferable, and revocable license to access the Site for your personal use and development in the way we outline in these Terms. Provided that:

     

    • You agree not to use, or launch, any automated system that sends more request messages to our servers in a period of time than a human can reasonably produce in the same period by using a conventional on-line web browser or is malicious or technologically harmful.
    • You agree not to use the Site or its communication systems (e.g., comments, chat) for unrequested solicitation purposes. You also agree not to exploit, harm or attempt to exploit or harm minors in any way by exposing them to inappropriate content.
    • Your use of the Site complies with all applicable federal, state and local or international laws at all times (including, but not limited to, laws covering the use or export of data outside of the US or other countries.)
    • You do not attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of this Site, Services, the server on which the website is stored, or any server, computer or database connected to the website.
    • You don’t engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of our Site, or which, as determined by us, may harm us or users of our Site.
  6. Content We Provide
    “Content” includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Site. This includes any blogs or articles.
    You agree Content is provided to you AS IS. You access Content for informational and personal use. Outside of personal viewing, you may not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise use Content without our prior written consent and the written consent of the user supplying the Content. For example, you may not take pictures, video, screenshots, or otherwise share the materials and Content you receive from a Service with anyone.
    Unless we say otherwise, CHS Parties are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to Content from third parties. Your use of Content is at your sole risk and expense. Please report any offensive, indecent or objectionable activity to us immediately. We do not endorse any Content submitted to the Site by any user or other licensors, and expressly disclaim, any and all liability in connection with recommendations, suggestions, insights or advice expressed in Content found on or through our Site.
    We reserve all rights not expressly granted in and to a Service and Content.
  7. Your Content and Conduct-(Posting Policy)
    • Providing Content. You may submit Content, however, you understand any Content you post is non-confidential and non-proprietary. Don’t post information relating to identification such as social security numbers, driver’s license number, etc. You are responsible for Content you submit, and you represent and warrant (promise) that you own all licenses, consents, and permissions to publish the Content you submit. Where you don’t own rights you represent and warrant that you’ve obtained them from the owner. You agree to indemnify, defend and hold us harmless against any damages CHS Parties suffer (including royalties or fee) as a result of your Content. We reserve the right to remove or refuse to post Content for any reason or no reason at all in our discretion.
    • How We Use your Content. You give CHS a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, modify, prepare derivative works of, display and perform your Content in connection with this Site and/or a Service and it’s (or its successors’ and affiliates’) business.Business means for the purposes of publishing and advertising material through the Site, customizing Services, executing your requests through the Site, maintaining our Site and promoting our Site.  By way of example, we may reproduce and publish any testimonials you give, feedback you make or posts you produce in social media, review sites or other forums where there are tags, hashtags or other references to you. You also give each user of the Site a non-exclusive license to access your Content and to use, reproduce, distribute, display and perform your Content through functionalities of the Site. To be clear, this license does not transfer ownership. However, you may revoke the rights above by deleting your account. Do keep in mind, your Content may be removed from our Site but we can’t guarantee Content will be removed from the Internet. Also, CHS may retain server copies for archival purposes.
    • Investigations. We may disclose your identity (or other information about you) to a third party who claims Content you post violates their rights or take legal action for any illegal or unauthorized use of the Services. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through our Services.
  8. Termination of Use of an Account
    Please note, use of our Site does not give users a continued right to use or have access to Site. We reserve the right to terminate a user’s access to a Site, including a user’s account, if the user: (1) engages in predatory, bullying or unlawful behavior, (2) violates these Terms, (3) infringes on the intellectual property rights of others, or (4) infringes on the privacy rights of others.
  9. Copyright Policy
    If you are a copyright owner (or an agent thereof) and believe Content infringes your copyrights, please see our Copyright Policy here Copyright Policy.
  10. Warranty Disclaimer
    YOU AGREE YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THE SERVICES ARE PROVIDED “AS-IS”. CHS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE OF THE SERVICES INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR THOSE ARISING FROM COURSE OF DEALING. CHS PARTIES DO NOT ASSUME LIABILITY OR RESPONSIBILITY FOR ANY PERSONAL INJURY OR PROPERTY DAMAGE (OF ANY NATURE) RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES.
  11. Limitation of Liability
    IN NO EVENT SHALL CHS PARTIES BE LIABLE TO YOU FOR DAMAGES (THIS INCLUDES DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES) RESULTING FROM ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE, RESULTING FROM USE OF, OR THE INABILITY TO USE, SERVICES. THIS LIMITATION APPLIES WHETHER OR NOT A CLAIM IS BASED ON A THEORY OF WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT CHS IS AWARE SUCH DAMAGES ARE POSSIBLE. HOWEVER, THIS LIMITATION APPLIES ONLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. IN NO EVENT WILL CHS’ AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICES BE GREATER THAN 100 DOLLARS ($100) OR THE TOTAL AMOUNT RECEIVED BY CHS FROM YOU FOR THE USE OF PAID SERVICES DURING THE PAST SIX MONTHS, WHICHEVER IS GREATER.
  12. Indemnity
    To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless CHS, its owners, operators, affiliates, and each of its or their directors, employees, licensors, licensees, service providers, successors, permitted assignees and agents (individually and collectively “CHS Parties”)  from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorney’s fees) arising or resulting from: (i) your use of and access to a Service; (ii) your violation of these Terms; (iii) your violation of any third party right, including without limitation any intellectual property right or privacy right; or (iv) any claim that your Content caused damage to a third party. To be clear, this obligation to indemnify, defend and hold us harmless will survive these Terms and your use of the Site.
  13. Intellectual Property
    As between you and us, you understand and agree we own the intellectual property and intellectual property rights to all Content we develop and share with you via our Site unless we say otherwise in the Service. This includes any audio, visual or intangibles we include in the Site. Except for the license granted to you in Section 7, no other rights are given to you and we reserve them. This Site and its features, functionality (Content, trademarks, service marks and logos) are owned by, or if not owned licensed to, CHS and are subject to copyright, trademark, patent, trade-secret and other intellectual property or proprietary rights under the law. You agree not to alter or modify any part of the Site or any copyright, trademark or other proprietary notices appearing in the Site.
  14. Transactions and Placing an Order
    All descriptions, images, references, content, specifications, products, and prices posted on the website are subject to change at any time, without notice. Weights, measures, and other descriptions are approximate and for convenience only. We’ve made every effort to display colors and images of products as accurately as possible but cannot guarantee your monitor’s display will be accurate. Because supply and demand changes daily, we also cannot guarantee all products or services shown will be available.
  15. Billing and Payment

     

    • Applicable Fees: Applicable fees, such as exchange rates incurred by a bank and/or credit card company, are for the customer’s account. Customers are also responsible for paying taxes, duty or other customs, tariffs or clearing expenses.
    • Refunds: We will not issue refunds, or make exchanges, for Services once purchased.
    • Payment: Unless we agree otherwise in writing, full payment for all Services must be by credit, debit card or PayPal. In the event we suspend or terminate your account because of a breach of these Terms, you agree you will not receive a refund or exchange for any unused subscription time, any license or subscription fees for any portion of the Service(s), any Content or data associated with your account, or anything else. Where there is an unpaid or outstanding payment, CHS may suspend or terminate your use of Services that do not have an unpaid invoice or balance. We reserve the right to withhold payment or charge back to your account any amounts otherwise due to us under these terms, or amounts due because of your breach of these terms.
    • Payment Dispute: All information you provide in connection with a purchase or transaction must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card or debit card, used in connection with a purchase or transaction with the Service at the prices in effect when such charges are incurred. If you dispute any payment, you must notify us in writing (Robert Cline CHS Treasurer, 2707 Zoar Road, Cheraw, SC 29520-4133) within forty-eight (48) hours of such payment. Failure to so notify within this time period, or in writing, will result in your waiver of any claim relating to the disputed payment. Once evaluated, if CHS agrees with the dispute it will refund up to the amount paid for the Service.
    • Taxes: Your total price will include the price of the product plus any applicable sales tax, state and/or local sales tax based on the shipping address and the sales tax rate in effect at the time you purchase the product. We will charge tax only in states where the goods sold over the internet are taxable.
    • Discounts. Promotional codes/discounts are only valid on an initial order. Once redeemed, they cannot be canceled/refunded. You will not be eligible for a refund if not redeemed within the expiration date.
  16. Assignment
    These Terms and any rights and licenses granted hereunder may not be transferred or assigned by you but may be assigned by us without restriction. Any attempt by you to assign that we do not consent to will be considered null and void.
  17.  General
    You agree: These Terms are governed by the laws of the State of Ohio, without respect to its conflict of laws principles. Any claim or dispute between you and us that arises (in whole or in part) from the Site shall be decided exclusively by a court of competent jurisdiction located in Columbus, Franklin County, Ohio and you hereby waive the ability to assert otherwise. These Terms, together with any sites referenced here, or other legal notices published on the Site, constitute the entire agreement between you and CHS concerning a Service. If any provision in these Terms is deemed invalid by a court of competent jurisdiction, its invalidity will not affect the validity of the remaining provisions, which remain in full force and effect. No waiver by CHS of any term or condition set forth in these Terms shall be considered a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of CHS to assert a right or provision under these Terms does not constitute a waiver of such right or provision that precludes us from enforcing at a later date.
  18. Changing Terms
    We may, in our sole discretion, modify or revise these Terms and policies at any time, and you agree to be bound by these changes as soon as they are posted. From time to time you should review our most up-to-date version of Terms via www.circushistory.com. To be clear, these Terms apply to all versions of the Site, unless otherwise stated by us in writing. And links referenced in these Terms are hereby incorporated and made a part of these Terms.
  19. Notice for California Users
    If you are a California resident, you can request information regarding the disclosure of your personal information by CHS to third parties for the third parties’ direct marketing purposes. To make such a request, please send an email to webmaster@circushistory.org or write to us at Robert Cline, 2707 Zoar Road, Cheraw, SC 29520-4133. Under California Civil Code Section 1789.3, California Website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.Any feedback, comments, requests for technical support, and other communications should be directed to our customer service through webmaster@circushistory.org.