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|Terms of Service|
This page states the Terms and Conditions by which users may utilize this website (the “Web Site”). Please read this page carefully. If you do not agree with the information contained, do not use this site. By using this site, you are stating your acceptance to be bound by the terms below. Historical Miniatures Gaming Society, Inc. (“HMGS”) reserve the right to change the Terms and Conditions at any time, which will be reflected on this page. Users should check this page frequently for any changes that may have occurred. The terms "you" and "user" as used herein refer to all individuals and/or entities accessing the Web Site for any reason. The term "we" as used herein refers to HMGS including our agents and employees.
Use of Material
HMGS authorizes each user to view and download a single copy of the information contained in the Web Site for personal, non-commercial use only.
Users shall not copy or adapt the HTML code that is used to create the Web Site. The contents of the Web Site, such as text, graphics, images, logos, button icons, software, and other "Material," are protected under both United States and foreign copyright, trademark, and other laws. The names and logos displayed in the Web Site are the exclusive intellectual property of HMGS or their respective owners. All other Material is either owned by or licensed to HMGS and shall remain the exclusive property of HMGS or its owner. The compilation (meaning the collection, arrangement, and assembly) of all content on the Web Site is the exclusive property of HMGS and is protected by U.S. and international copyright laws. Unauthorized use of the Material may violate copyright, trademark, and other laws. You must retain all copyright, trademark, service mark, and other proprietary notices contained in the original Material on any copy you make of the Material. You may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose without permission. The use of the Material on any other web site or in a networked computer environment for any purpose is prohibited. If you wish to use any content posted on the Web Site for any purpose other than those expressly authorized by these Terms and Conditions, it must be with the expressed written consent of HMGS. For more information, please contact HMGS at IT_Director@HMGS.org.
User Submitted Material
HMGS offers features that allow you to submit, post, or display comments, information, materials, links, and other similar content on areas of the Web Site accessible by others. By submitting content to the Web Site, the submitting user warrants and represents that he/she has the full right and authority to lawfully submit the information and to grant such a license to HMGS. Also, the submitting user grants a royalty-free, transferable, non-exclusive, and perpetual license throughout the world to HMGS to use, reproduce, modify, publish, make public, perform, and display the information, in whole or in part, and to create derivative works therefrom in any form, media, or technology now known or hereafter developed. You represent and agree that any use by you of such features, including your submission, posting, or display of any user-submitted content and any use you make of content submitted by other users, shall be your sole responsibility, and that you have obtained all necessary rights and licenses with respect to content belonging to others.
HMGS may, but is not required to, monitor any user-submitted content submitted, posted, or displayed by you on the Web Site, to investigate any reported or apparent violation of HMGS policies, and to take any action that HMGS in its sole discretion deems appropriate.
If you believe that you are the owner of the copyright to any user-submitted content on the Web Site and did not authorize its posting (either by yourself or via an authorized third party), and would like the content removed from the Web Site, please contact HMGS at IT_Director@hmgs.org with a description of the content and a summary of your copyright ownership claim.
Acceptable Site Use
Users may not use the Web Site in order to post, transmit, distribute, store, or destroy material (a) in violation of any applicable law or regulation, or (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others. Users may not post, transmit, distribute or store any material that is sexually explicit, defamatory, obscene, threatening, or abusive.
Specific Prohibited Uses
Users may use the Web Site only for lawful purposes. HMGS specifically prohibits any illegal use of this site, and requires all users to agree not to use this site, for any of the following purposes:
Using any device, software or routine to interfere or attempt to interfere with the proper working of the Web Site or any activity being conducted on this site is prohibited.
Users are responsible for maintaining the confidentiality of their registration and password. Users shall be responsible for all uses of their registration, whether or not authorized by them. Users agree to immediately notify HMGS of any unauthorized use of their registration or password.
Taking any action that imposes an unreasonable or disproportionately large load on HMGS's infrastructure or the Web Site infrastructure is prohibited. Notwithstanding anything to the contrary contained herein, users are prohibited from using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the Web Site other than the search engine and search agents available on the Web Site or generally available third party web browsers.
Attempting to decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Web Site is prohibited.
Users are prohibited from violating or attempting to violate the security of the Web Site, including, without limitation, by (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (b) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Web Site, overloading, "flooding," "spamming," "mail bombing," or "crashing", (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, or (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. HMGS will investigate occurrences which may involve such violations and may involve and cooperate with law enforcement authorities in prosecuting users who are involved in such violations.
Use Outside the United States
HMGS makes no representation or warranty that the Web Site or the information contained herein may be lawfully accessed, transmitted, viewed, downloaded, or otherwise used outside of the United States. Any user accessing the Web Site from outside the United States does so at her/his own risk and is solely responsible for compliance with the laws of the jurisdiction from which access is made.
Termination of Use
HMGS and its representatives reserve the right to deny use of the Web Site to any user for any reason without notification. Any violation of the terms and conditions contained in this page or infringement upon the rights of the Web Site's sponsors may result in legal action against you, the user.
HMGS may, in its sole discretion and at any time, modify or terminate the Web Site and/or modify, remove, or refuse to post any information, content, material, or other offering submitted by any user.
Limitation of Liability and Disclaimer
HMGS makes no representation or warranty of any kind with respect to the submission and publication process and takes no responsibility for the actions or inactions involved in the publication of user-submitted content on the Web Site. Inclusion of user-submitted content in the Web Site does not constitute an endorsement by HMGS. Nothing on the Web Site shall be deemed to be a recommendation of, endorsement of, or a representation as to a third party's qualifications, services, products, offerings, or any other information or claim.
HMGS assumes no liability for any information posted to the Web Site by other parties. Since authentication on the Internet is difficult, HMGS makes no guarantee that any user of this site is who he/she claims to be. We have no involvement in user-to-user dealings, meetings, etc., and assume no liability for their outcome. In addition, note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, foreign nationals, underage persons, or persons acting under false pretenses. You assume all risks associated with dealing with other users with whom you come in contact through the Web Site.
Each user agrees to reimburse HMGS for all losses, damages, and/or expenses (including court costs and reasonable attorney's fees) that we may incur due to any violation by the user of these Terms and Conditions.
YOU USE THIS SITE AT YOUR OWN RISK.
IN NO EVENT SHALL HMGS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTIAL, AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OF, THE INABILITY TO USE, OR DENIAL OF ACCESS TO THE WEB SITE AND THE INFORMATION HEREIN CONTAINED, OR ANY OTHER CAUSE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND REGARDLESS OF WHETHER OR NOT HMGS WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
HMGS may use your information to provide you with information on new products, services, or upcoming events. More and more HMGS information is provided by email, so you may not receive notices on these subjects if you opt-out. If you wish not to receive email from HMGS, you may use the “unsubscribe” link provided at the bottom of every email.
HMGS may also use your contact information to reach you through phone, mail or fax. If you wish to be removed from all contacts by these methods, contact HMGS Customer Service. You can contact HMGS by e-mailing us at database@HMGS.org.
If you are an HMGS member, you may not opt out of certain HMGS business mailings such as the election mailing.
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