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
(2) OutHistory Contributor Guidelines incorporated here by reference. If you do not agree to any of these terms or the Contributor Guidelines, please do not use the OutHistory Website.
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.
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.
3. 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. 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 of 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, (iii) any unauthorized access to or use of our sercure 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, (v) any bugs, viruses, trojan horses, or the like which may be transmitted to or through our website by any third party, and/or (vi) 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.
6. Limitation of Liability
a. In no event shall OutHistory, its officers, directors, employees, or agents, be liable to your 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, or any nature whatsoever, resulting from your access to an 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, (v) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our website by any third party, and/or (vi) 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 sumbissions 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.
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;
You agree that:
(i) the OutHistory Website shall be deemed solely based in New York; and
12. No Other Rights
Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
13. Entire Agreement