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TERMS of USE and Legal Restrictions

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THESE PRODUCTS OR SERVICES

By using this site, software, product or service, you signify your consent to these Terms of Use. If you do not agree to these Terms of Use, please do not use the site, software, product or service that is subject to these Terms of Use.

The following legal restrictions and terms of use apply to Historables Apps, Historables.com and any other site, software products or services owned and/or operated by or on behalf of Base Camp Films, LLC (“BCF”) or any of its subsidiaries, that states that it is governed by these Terms of Use and/or links to these Terms of Use. Those sites, software, products and services shall collectively and individually be referred to herein as the "Services”, and those entities as “we,” “our” and “us.”

USE OF MATERIALS

The Services are owned and operated by BCF and/or, in the case of certain features, its third party service providers, and unless otherwise indicated the contents of the Services are the property of BCF and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws. No material from the Services may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal non-commercial use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of BCF copyright, trademark, and trade secret rights and others' proprietary rights. For purposes of this Agreement, the use of any such material on any other web site or networked computer environment is prohibited.

In the event you download software from or through any of the Services, the software including any files, images incorporated in or generated by the software and data accompanying the Software (together, the "Software") are licensed to you by BCF. BCF does not transfer title to the Software to you. As between you and BCF, BCF retains full and complete right, title, and interest in and to the Software and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse-engineer or disassemble the Software.

You hereby grant BCF and its agents and licensees a worldwide, royalty-free, fully-paid, perpetual, non-exclusive license to use, including without limitation the right to copy, publish, perform, display and distribute and/or adapt, any material you upload to, distribute through or post on the Services, including without limitation via message boards, chat rooms and/or blogs or any other features on the Services, in whole or in part, alone or in combination with other material, in any and all media, now known or hereafter devised.

USER CONDUCT

Derogatory, harmful or unlawful conduct is not permitted on the Services. Users are not permitted to upload to, distribute through, or otherwise publish through the Services any content which is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability or violate any law. Unauthorized commercial messages and/or public announcements are not allowed on the Services. Unauthorized collection and/or use of email addresses via The Services is also not allowed.

Please be aware that generally, information you post on, upload to or distribute through a message board, chat room, blog or any similar feature will be accessible by other users of the Services. Please be sure that any such information is information that you are comfortable sharing with the public.

Users are solely responsible for the content of their messages and/or any other features on the Services. BCF is not responsible for the content or accuracy of any information posted, uploaded or transmitted by users of the Services including without limitation the comments made in chat rooms and/or any other features on the Services. You acknowledge that BCF may or may not pre-screen and/or monitor content posted on the Services, and that BCF shall have the right to remove, edit, move or close, in whole or in part, any thread or posting in any chat room and/or similar feature on the Services at any time for any reason, in BCF’s sole discretion.

You hereby agree to comply with all laws that apply or may apply to your use of or activities on the Services and any rules for conduct on the Services or use of specific features and/or services offered thereon that may be posted on the Services, whether in these terms of use or otherwise, from time to time.

NO PERSONAL ADVICE

Any informational materials provided on the Services, including without limitation the opinions and/or recommendations of any authors and/or moderators, are not intended to substitute for any professional educational, medical, legal, psychiatric, employment or other advice. Without limiting anything contained in the Disclaimer or Limitation of Liability paragraphs set forth below (or elsewhere herein), BCF makes no representations or warranties regarding, and expressly disclaims any and all liability concerning, any action by any person following the information offered or provided within or through the Services. If you have concerns or a situation in which you require professional advice, then you should consult with an appropriately qualified professional in the relevant field.

THIRD PARTIES

Your correspondence and dealings with third parties including without limitation job seekers, employers and/or advertisers that you encounter via the Services are solely between you and such entity. You agree that BCF shall not be responsible or liable for any dispute, loss or damage of any sort incurred as a result of any such dealings. In addition, you acknowledge that BCF does not endorse, verify, or make any representations regarding any third party advertisements, products or services and does not confirm that each user of the Services is who the user claims to be. It is your sole responsibility to research and verify the legitimacy of any organization, individual or prospective employer advertising on the Services, and you are solely responsible for your decision to submit personal information to any third party, whether in connection with potential employment or otherwise.

CHANGES TO SITE

BCF may add, change, discontinue, remove or suspend any portion of the Services at any time, without notice.

TERMINATION

This Agreement is effective until terminated by either party. You may terminate this Agreement at any time by destroying all materials obtained from the Services and all related documentation and all copies and installments thereof whether made under the terms of this Agreement or otherwise. This Agreement will terminate immediately without notice from BCF, if in BCF’s sole discretion you fail to comply with any term or provision of this Agreement, if you are a repeat infringer of any third party's rights, or if you engage in conduct that is illegal, tortious or that interferes with the technological operation of this site. Upon termination, you must destroy all materials obtained from the Services and all copies thereof, whether made under the terms of this Agreement or otherwise.

DISCLAIMER

BCF MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SERVICES OR THEIR CONTENTS, WHICH ARE PROVIDED FOR USE "AS IS" AND "AS AVAILABLE." BCF DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICES AND ANY WEB SITE OR OTHER THIRD PARTY PROPERTY WITH WHICH IT IS LINKED. BCF DOES NOT WARRANT THE FUNCTIONS, INFORMATION OR LINKS CONTAINED ON THE SERVICES OR THAT ITS CONTENTS WILL MEET YOUR REQUIREMENTS, THAT THE SERVICES, OR ITS CONTENTS, ARE FIT FOR ANY PARTICULAR PURPOSE OR THAT THE OPERATION OF THE SERVICES OR ITS CONTENTS, WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES, WORMS, TROJAN HORSES, CANCELBOTS OR OTHER HARMFUL COMPONENTS. BCF DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THE SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT BCF) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL BCF BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THE SERVICES, EVEN IF BCF OR A BCF AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL BCF TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, OR NOT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OR PURCHASING ANY OF THE SERVICES.

YOU HEREBY ACKNOWLEDGE THAT YOU UNDERSTAND THAT BY ACCESSING THE SERVICES AND AGREEING TO THESE TERMS OF USE, YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

INDEMNIFICATION

By using the Services, you agree to indemnify, defend and hold harmless BCF from and against any actual or alleged claims, demands, causes of action, judgments, damages, losses, liabilities, and all costs and expenses of defense (including, without limitation, reasonable attorneys' and other legal fees and costs) arising out of or relating to: (1) your violation of these terms of use or any law, rule or regulation; (2) a claim that is based on your use of any content on the Services; or (3) any material uploaded by you or through your computer to the Services or otherwise sent by you to BCF. You will cooperate as fully and reasonably as required by BCF in the defense of any claim. BCF reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of BCF.

PERMISSION FOR WEB LINKING

Where applicable, if you establish web links to the Services, you may only link to the home page, and the link must be in plain text, unless otherwise approved in writing by BCF. Any such link must not damage, dilute or tarnish the goodwill associated with BCF and/or any BCF intellectual property, nor may the link create the false appearance that your web site or organization is sponsored, endorsed by, affiliated or associated with BCF, and you may not “frame” the Services. You may not link to the Services from any web site that is unlawful, abusive, indecent or obscene, that promotes violence or illegal acts or that is otherwise inappropriate in BCF’s sole discretion. BCF reserves the right, in its sole discretion, to terminate any link from any web site.

BCF reserves the right, at its sole discretion, to change, modify, add or delete portions of these Terms of Use at any time.
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