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; and/or

(c) the supply to Subscribers (as defined in Condition 1.1 below) by us of the Subscriber Materials (as defined in Condition 1.1 below). 

Please read these Conditions carefully before using the Website and/or subscribing to the Website.  You should understand that by using the Website and/or subscribing to 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 regardless of whether or not you are a Subscriber or whether you choose to register with us.  If you do not accept these Conditions in full, you must leave the Website immediately.

1. DEFINITIONS

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;
- “Business Purposes” means any purpose in connection with which a Subscription Fee or any part thereof is payable or claimed by a Subscriber as a business expense;
- “Connected Person” means (in relation to a person) any officer, director, employee, shareholder or agent of such person;
- “Contract” means the contract between History Media and you for the provision by History Media of the Subscriber Materials, subject to these Conditions;
- “Educational Institution” means, without limitation, a school, college, university, library, or other educational institution;
- “Good Standing” means (1) having paid and continuing to pay all Subscription Fees payable to History Media; (2) not having done or omitted to do anything that could reasonably be considered to bring History Media into disrepute; and (3) 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 History Media;
- “Institutional Subscription” means a Subscription purchased by an Educational Institution where the Subscription is provided for access from the Educational Institution’s Internet Protocol address;
- “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;
- “Subscriber Materials” means the materials or any part of them available only to Subscribers via the Website;
- “Subscriber” means a person or organisation that has subscribed to the Website in order to access the Subscriber Materials;
- “Subscription” means a subscription to the Website allowing access for a specified period of time to those parts of the Website that are only available to Subscribers;
- “Subscription Fee” means the fee payable for the purchase of a Subscription;
- “Subscription Order” means an order made by you to purchase a Subscription to the Website;
- “we” or “us” or “our” (as the context permits) means, without limitation, History Media and its Connected Persons;
- “Website” means the website under the domain name http://www.WW2History.com including, without limitation and where the context allows, the Subscriber Materials;
- “you” means, without limitation, any individual, organisation or Educational Institution that accesses the Website and, where the context allows, means both an individual that accesses the Website and the organisation or Educational Institution (if any) in connection with which the individual is accessing 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 some areas of the Website without being a Subscriber. Certain areas of the Website are open only to Subscribers. If you wish to purchase a Subscription, please complete the Subscription Order details here.

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. YOUR STATUS

3.1 By placing a Subscription Order through the Website, you warrant that:

(a) You are legally capable of entering into binding contracts;

(b) You are at least 18 years old;

(c) If you are placing a Subscription Order for Business Purposes you are not resident/located/based/seeking to order a Subscription within the European Community but outside the UK.

3.2 Further to Condition 3.1(c), if you are placing a Subscription Order for Business Purposes and are resident/located/based/seeking to order a Subscription  within the European Community but outside the UK, please see Condition 4.3 below.

4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

4.1 Any Contract that you enter into will be with History Media.

4.2 Your Subscription Order constitutes an offer to LRH to buy a Subscription. After placing a Subscription Order, LRH will send an e-mail to the e-mail address provided by you stating whether or not the order has been accepted and, if accepted, whether payment has been successfully processed. The e-mail will provide information on how to access the Subscriber Materials through the username and password provided by you. All Subscription Orders are subject to acceptance by LRH, and the Contract will only be formed when payment has been successfully processed.

4.3 Any individual, organisation or Educational Institution placing a Subscription Order for Business Purposes who is resident/located/based/seeking to order a Subscription within the European Community but outside the UK should only place a Subscription Order by contacting LRH direct. LRH cannot accept such Subscription Orders through the Website.

4.4 It is solely your responsibility to provide us with a correct and working e-mail address for you when you place a Subscription Order. Subject to Condition 16, LRH will not be liable under any circumstances should you fail to receive any e-mail (including, without limitation, a Confirmation E-Mail) sent by LRH to an e-mail address that you have provided.

5. ACCESSING THE SUBSCRIBER MATERIALS

5.1 When you complete your Subscription Order you will be required to create a username and password.

5.2 Each Subscription username and password is for a single user only. Each person accessing the Subscriber Materials through an Institutional Subscription will also be required to create a username and password which, together with that person’s e-mail address will provide access to the Subscriber Materials.  Responsibility for the security of any password rests with the person who has created it.

5.3 You will be responsible for all activities that occur under your username and password and you should take care to keep your username and password confidential.  You must notify us immediately of any unauthorised use of your username or password or if you believe that your username or password is no longer confidential.  We reserve the right to require you to alter your username and password if we believe that they are no longer secure.

5.4 Subject to Condition 5.5, you should be able to log onto the Website from any computer using your username and password but you should be aware that not all computers have the software that will enable you to access all of the Subscriber Materials.

5.5 Institutional Subscribers will only be able to access the Subscriber Materials if they are logging onto the Website from a computer that has the same Internet Protocol address as that provided to us by the relevant Educational Institution.

6. YOUR RIGHTS TO CANCEL AND TERMINATE

6.1 Once you have purchased a Subscription, if you decide that you wish to cancel your purchase, you may only do so provided that you serve notice on LRH stating that you wish to cancel your purchase before payment has been successfully processed. Please note that, under the Consumer Protection (Distance Selling) Regulations 2000, you do not have an automatic right to cancel your Subscription after payment has been successfully processed. This is because the performance of the Contract begins when payment has been successfully processed.

6.2 If you cancel the purchase of a Subscription in accordance with Condition 6.1, we shall make arrangements to return the Subscription Fee to you within thirty (30) days of receipt of the notice stated in Condition 6.1.

6.3 Once you have purchased a Subscription, if you decide that you wish to terminate your Subscription, you may do so at any time by following the instructions on the ‘My Account’ section of the Website. Once you have successfully applied to terminate your Subscription, you will be able to access the Subscriber Materials until the expiry of the remaining period of access already paid for under your Subscription. If you purchase a monthly Subscription you will be charged each month until you exercise this right of termination.

7. QUALITY OF THE SUBSCRIPTION MATERIALS

We neither represent nor warrant to you that the Subscription Materials will meet any specific requirements that you have and we expect you to take reasonable care to verify that the Subscription Materials will meet your needs.

8. PAYMENT BY YOU OF THE SUBSCRIPTION FEE

8.1 It is a condition of the Contract that you agree to pay the Subscription Fee (including VAT where applicable) to LRH.

8.2 We reserve the right to change the amount of the Subscription Fee from time to time.  The current Subscription Fee for any Subscription at any given time should be displayed on the Website.  In the unlikely event that, due to a technical error, the amount of the Subscription Fee on the Website is incorrect, we will notify you as soon as we reasonably can.  You will then be entitled to choose between receiving a refund of the monies that you have paid to us (in which case you will not be able to access the Subscription Materials) or to pay the balance of the Subscription Fee to LRH.

9. OUR RIGHTS TO STOP PROVIDING THE SUBSCRIPTION MATERIALS TO YOU

9.1 Subject to Condition 9.3, and Condition 16.8 we will make the Subscription Materials available to you via the Website from the time we send you the Confirmation E-mail until the earlier of:

(a) the expiry of the remaining period of access already paid for under your Subscription; or

(b) the expiry of your Subscription.

9.2 On the occurrence of the earlier of the events stated in Condition 9.1 we will suspend your access to the Subscription Materials.  If you wish to access the Subscription Materials again after such suspension, you will need to purchase another Subscription.

9.3 We reserve the right to stop providing the Subscription Materials to you and/or terminate the Contract immediately in the event that;

(a) you breach any of your obligations under the Contract; or

(b) you cease to be a Subscriber in Good Standing.

9.4 If we exercise the right stated in Condition 9.3, we will notify you by e-mail, telephone or post.

9.5 The site ceases to be a subscription site. If the site ceases to be a subscription site then we will immediately cease taking payment from all subscribers. If a decision is made that the site should cease to be a subscription site then we will give all current subscribers one month's notice of this prior to the site no longer taking subscriptions. 

10. COMPLAINTS

In the event that you are not satisfied with any aspect of the Subscription Materials, please contact us.

11. LICENCE

11.1 In consideration of receipt by us of the Subscription Fee, we grant to you a non-exclusive, non-transferrable (not to be used by, or transferred to, another person) licence for you to use the Subscription Materials for the sole purpose of Non-Commercial Use.

11.2 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) LRH's copyright, trade mark notices (if any) and this permission notice appear in all copies.

11.3 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 LRH 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.

11.4 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 LRH's prior written permission.

11.5 The downloading, reproduction, storage or copying of any audio or video material on the Website is expressly prohibited.

11.6 Any rights not expressly granted in these Conditions are reserved.

12. SERVICE ACCESS

12.1 While LRH endeavours to ensure that the Website is normally available 24 hours a day, LRH shall not be liable if for any reason the Website is unavailable at any time or for any period.

12.2 Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond LRH's control.

13. VISITOR MATERIAL AND CONDUCT

13.1 Other than personally identifiable information, which is covered under our Privacy Policy any material you transmit or post to the Website shall be considered non-confidential and non-proprietary.  LRH shall have no obligations with respect to such material. LRH and its designees shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes. For the avoidance of all doubt, LRH shall not be liable for the loss of any material sent to the site - and LRH discourages subscribers (or anyone else) from posting by traditional surface mail any unsolicited material to the site.

13.2 You are prohibited from posting or transmitting to or from the Website any material:

(a) that is 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).

13.3 You may not misuse the Website (including, without limitation, by hacking).

13.4 LRH 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 13.2 or Condition 13.3.

14. LINKS TO AND FROM OTHER WEBSITES

14.1 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. LRH 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. LRH 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.

14.2 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 LRH is endorsing any products or services other than its own;

(d) you do not misrepresent your relationship with LRH nor present any other false information about LRH;

(e) you do not otherwise use any WW2History.com or LRH trade marks displayed on the Website without express written permission from LRH;

(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.

14.3 LRH 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.

14.4 You shall fully indemnify LRH for any loss or damage suffered by LRH or any of its group companies for breach of Condition 14.2.

15. DISCLAIMER

15.1 Whilst we endeavour to ensure that the information on the Website is correct, LRH 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 LRH makes no commitment to update such material.

15.2 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 LRH 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.

15.3 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.

15.4 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.

16. LIMITATION OF LIABILITY - YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CONDITION

16.1 Subject to Condition 16.3, LRH 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) any Subscription (including, without limitation, the provision by you of an incorrect e-mail address); or

(c) 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.

16.2 Further to Condition 16.1, LRH 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.

16.3 Nothing in these Conditions shall exclude or limit LRH'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.

16.4 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.

16.5 We neither represent nor warrant that the Subscriber Materials will be compatible with or operate with the software or hardware on your computer.

16.6 In the event that you either enable cookies or download certain publicly accessible software to ensure that your computer is capable of accessing the Subscriber Materials, you do so at your own risk.

16.7 Additional charges may be payable to third parties for use of the software necessary to view the Subscriber Materials.  You are responsible for paying these charges.

16.8 We shall not be liable to you in the event that we cannot provide any Subscriber Materials to you due to an event beyond our reasonable control, including without limitation events such as fire, flood, storm, strikes or other industrial action, failure of telecommunications services, war, riot, or the actions of any government or public body.  In the event that we are prevented from providing any Subscriber Materials by such an event, we will take all reasonable steps to try to reinstate the provision of the Subscriber Materials to you as soon as is reasonably practicable.

16.9 We shall not be liable to you for any data that you lose whether as a result of accessing the Subscriber Materials or otherwise.  It is your responsibility to save and backup all data which you hold on the computer from which you are accessing the Subscriber Materials.

16.10 Subject to Condition 16.3 our maximum aggregate liability to you for any claim under or in connection with the Contract which is not otherwise excluded under these Conditions shall be limited to the amount of the Subscription Fee which has been paid or is payable by you or on your behalf.

17. COMPETITION TERMS AND CONDITIONS (GENERAL)

17.1 We may occasionally run competitions for Subscribers through the Website (“Subscriber Competitions”). Each Subscriber Competition will have its own specific terms and conditions but the following general terms and conditions will apply to all Subscriber Competitions:

17.1.1 Subscriber Competitions are only open to Subscribers;

17.1.2 all competition entries (“Entries”) shall be submitted on the form available in the Competition section of the Members’ Zone.

17.1.3 one Entry per Subscriber per competition;

17.1.4 no cash alternatives to the prizes;

17.1.5 entries will be selected at random from the e-mails submitted before the closing date;

17.1.6 entries will be judged by LRH on an objectively factual basis (e.g. a name or date) or on the answer given by a named historian to a particular subjective question (e.g. “Who does [  ] consider to have been Hitler’s most effective General?”);

17.1.7 LRH’s decision is final and LRH shall be under no obligation to enter into correspondence regarding the criteria for judging a Subscriber Competition;

17.1.8 winners will be announced at the bottom of the competition page in the Members’ Zone within seven (7) days of the closing date of the competition;

17.1.9 winners will be notified by an e-mail sent to the e-mail address provided by the entrant on the Entry form;

17.1.10 prizes will be sent within six weeks of the closing date to the postal address provided by a winner on the Entry form;

17.1.11 on submitting the Entry the entrant assigns any and all copyright and intellectual property in an Entry to LRH and the entrant unconditionally and irrevocably waives in respect of any works submitted to LRH all moral rights to which the entrant may at any time be entitled under the Copyright, Designs and Patents Act 1988 as amended from time to time and under all similar legislation from time to time in force anywhere in the world;

17.1.12 LRH shall not return any entries; and

17.1.13 winners may be asked to take part in post-competition publicity but any involvement shall be entirely at the winner’s own discretion.

18. MISCELLANEOUS

18.1 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 given by you when you make your Subscription Order and (in our case) to 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.

18.2 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.

18.3 No person other than a party to a Contract shall have any rights to enforce any term of these Conditions.

18.4 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.

 

19 PROMOTIONAL OFFERS

19.1  The offer of a free 30 day trial for teachers is available only for individual history teachers who subscribe via an email from the institution in which they teach. The offer can only be claimed once by each individual. The offer is subject to the capacity of the site and may be suspended or withdrawn completely without prior notice.

Issue Date: 2011

REVISED JANUARY 2012