Terms and Conditions
LR History LLP, REGISTERED OFFICE: Craven House, 16 Northumberland Avenue, London WC2N 5AP (Registered Number: OC342135), ("LRH") has issued these terms and conditions (“Conditions”).
These Conditions apply to:
(a) the entire contents of the Website (as defined in Condition 1.1 below);
(b) any correspondence between us and you;
Please read these Conditions carefully before using the Website . You should understand that by using the Website, you agree to be bound by these Conditions.
You should print a copy of these Conditions for future reference.
By accessing any part of the Website, you shall be deemed to have accepted these Conditions in full. If you do not accept these Conditions in full, you must leave the Website immediately.
1.1 In these Conditions unless otherwise stated:
- “Business Day” means any day which is not a Saturday, a Sunday or a public holiday in England;
- “Connected Person” means (in relation to a person) any officer, director, employee, shareholder or agent of such person;
- “Good Standing” means conducting yourself in an appropriate manner when communicating with or receiving support from us. Inappropriate conduct includes, but is not limited to, acting in such a way as to threaten, intimidate or otherwise harass our staff, or conduct which is violent or threatens the physical safety of our staff or any other person connected directly or indirectly with LR History LLP;
- “Loss” means any loss or damage including, without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data or contracts whether in tort (including, without limitation, negligence), contract or otherwise;
- “Non-Commercial Use” means use at home, work or an Educational Institution where the user does not seek either directly or indirectly to derive a profit or other commercial gain from such use;
- “we” or “us” or “our” (as the context permits) means, without limitation, LR History LLP and its Connected Persons;
- “Website” means the website under the domain name http://www.WW2History.com including, without limitation;
- “you” means, without limitation, any individual, organisation or Educational Institution that accesses the Website.
1.2 singular words shall include the plural and vice versa; and
1.3 headings are included for convenience only and shall not affect the construction or interpretation of these Conditions.
2. ACCESS TO THE WEBSITE AND REVISIONS TO THESE CONDITIONS
2.1 You may access all areas of the Website.
2.2 We may revise these Conditions at any time by updating them. You should check the Website from time to time to review the current Conditions, because they are binding on you. Certain provisions of these Conditions may be superseded by expressly designated legal notices or terms located on particular pages of the Website.
3. QUALITY OF THE MATERIALS
We neither represent nor warrant to you that the Materials on this site will meet any specific requirements that you have.
4.1 You are permitted to print, cut, copy and paste written extracts from the Website for your own use on the following basis:
(a) no documents or related graphics on the Website are modified in any way;
(b) no graphics on the Website are used separately from the corresponding text; and
(c) LR History's copyright, trade mark notices (if any) and this permission notice appear in all copies.
4.2 Unless otherwise stated, or in the public domain, the copyright and other intellectual property rights in all material on the Website (including, without limitation, photographs and graphical images) are owned by LR History or its licensors. For the purposes of these Conditions, any use of extracts from the Website other than in accordance with Conditions 11.1 and 11.2 for any purpose is prohibited. If you breach any of the Conditions, your permission to use the Website automatically terminates and you must immediately destroy any printed, cut, copied or pasted extracts taken from the Website.
4.3 Subject to Conditions 11.1 and 11.2, no part of the Website may be downloaded, or reproduced or stored in any other website or included in any public or private electronic retrieval system or service without LR History's prior written permission.
4.4 The downloading, reproduction, storage or copying of any audio or video material on the Website is expressly prohibited.
4.5 Any rights not expressly granted in these Conditions are reserved.
5. SERVICE ACCESS
5.1 While LR History LLP endeavours to ensure that the Website is normally available 24 hours a day, LR History LLP shall not be liable if for any reason the Website is unavailable at any time or for any period.
5.2 Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond LR History LLP's control.
6. VISITOR MATERIAL AND CONDUCT
6.2 You are prohibited from posting or transmitting to or from the Website any material:
(a) that is insulting, threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
(b) that in LRH's sole discretion contravenes the Guidelines for Posting as amended from time to time
(c) for which you have not obtained all necessary licences and/or approvals; or
(d) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or
(e) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
6.3 You may not misuse the Website (including, without limitation, by hacking).
6.4 LR History LLP shall fully co-operate with any law enforcement authorities or court order requesting or directing LRH to disclose the identity or locate anyone posting any material in breach of Condition 6.2 or Condition 6.3.
7. LINKS TO AND FROM OTHER WEBSITES
7.1 Links to third party websites (including, without limitation, third party retailers) on the Website are provided solely for your convenience. If you use these links, you leave the Website. LR History LLP has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content or availability. LR History LLP therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.
7.2 If you would like to link to the Website, you may only do so on the basis that you link to, but do not replicate, the home page of the Website, and subject to the following conditions:
(a) you do not remove, distort or otherwise alter the size or appearance of the WW2History.com logo;
(b) you do not create a frame or any other browser or border environment around the Website;
(c) you do not in any way imply that LR History LLP is endorsing any products or services other than its own;
(d) you do not misrepresent your relationship with LR History LLP nor present any other false information about LR History LLP;
(e) you do not otherwise use any WW2History.com or LR History LLP trade marks displayed on the Website without express written permission from LR History LLP;
(f) you do not link from a website that is not owned by you; and
(g) your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
7.3 LR History LLP expressly reserves the right to revoke the right granted in Condition 14.2 for breach of these Conditions and to take any action it deems appropriate.
7.4 You shall fully indemnify LR History LLP for any loss or damage suffered by LR History LLP or any of its group companies for breach of Condition 7.2.
8.1 Whilst we endeavour to ensure that the information on the Website is correct, LR History LLP does not warrant the accuracy and completeness of any of the material on the Website. We may make changes to the material on the Website and Subscription Fees and other prices described on the Website at any time without notice. The material on the Website may be out of date, and LR History LLP makes no commitment to update such material.
8.2 The material on the Website is provided “as is”, without any conditions, warranties or other terms of any kind. Accordingly, to the fullest extent permitted by law, we provide you with the Website on the basis that LR History LLP excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which, but for these Conditions, might have effect in relation to the Website.
8.3 This website is in no way affiliated with any company, firm, association, organisation, website, magazine, periodical or other media, or any mark (whether registered or otherwise), that includes “WW2History”, “WWII History”, “WW2” or “WWII” or any other similar wording or derivation thereof, and LRH makes no claim whatsoever that the website has any such affiliation. LRH is the sole owner of the Website.
8.4 You are also directed to our disclaimer which you should read before using the Website and/or subscribing to the Website. In the event of any conflict between the full disclaimer and these Conditions, these Conditions shall prevail.
9. LIMITATION OF LIABILITY - YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CONDITION
9.1 Subject to Condition 9.3, LR History LLP and its Connected Persons exclude all liability and responsibility for any amount or kind of Loss that may result to you or a third party in connection with:
(a) the Website; or
(b) the use, inability to use, or the results of use of the Website any websites linked to the Website or the material on such websites, including, without limitation, Loss due to:
(i) the acts or omissions of any person (including without limitation Subscribers) whether or not found by or introduced to you through the Website or any websites linked to the Website; or
(ii) viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Website or your downloading of any material from the Website or any websites linked to the Website.
9.2 Further to Condition 9.1, LR History LLP makes no recommendation whatsoever in respect of any person whether or not found by or introduced to you through the Website or any websites linked to the Website.
9.3 Nothing in these Conditions shall exclude or limit LR History LLP's liability for death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977) or fraud, or misrepresentation as to a fundamental matter, or any liability that cannot be excluded or limited under applicable law.
9.4 If your use of material on the Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
9.5 We neither represent nor warrant that the Materials will be compatible with or operate with the software or hardware on your computer.
9.6 In the event that you either enable cookies or download certain publicly accessible software to ensure that your computer is capable of accessing the Materials, you do so at your own risk.
9.7 We shall not be liable to you for any data that you lose accessing the Materials or otherwise. It is your responsibility to save and backup all data which you hold on the computer.
10.1 Any notice or communication under these Conditions shall be in writing and shall be delivered personally or sent by post or facsimile or e-mail (in your case) to the postal or e-mail address of LR History LLP, REGISTERED OFFICE: Craven House, 16 Northumberland Avenue, London WC2N 5AP or by e-mail or to such other address as may be notified in writing. Proof of posting or dispatch of any notice or communication shall be deemed to be proof of receipt:
(a) in the case of registered mail, four Business Days after having been posted;
(b) in the case of a facsimile or e-mail on the day following despatch.
10.2 If any provision of these Conditions (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed not to form part of these Conditions, and the validity and enforceability of the other provisions of these Conditions shall not be affected.
10.3 No person other than a party to a Contract shall have any rights to enforce any term of these Conditions.
10.4 These Conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these Conditions shall be subject to the exclusive jurisdiction of the English courts.
Issue Date: 2011
REVISED APRIL 2012