Last Updated: September 9, 2007
Welcome to historycommons.org (“Website”), produced and
established by the Center for Grassroots Oversight (“CGO”). In addition to the Content on the Website, the Website may provide
you with various publishing and community services such as the ability to post information or participate in online discussions
(“Services”). By using our Website and the Services, you are accepting the practices described in these Terms of Service.
If you do not agree to these Terms of Service, please do not use the Website and exit immediately. We reserve the right to modify or
amend the terms of our Terms of Service from time to time without notice. Your continued use of our Website following the posting of
changes to these terms will mean you accept those changes.
Copyright and Ownership
The Center for Grassroots Oversight is “open-content.” Except where otherwise noted,
the textual content of each timeline is licensed under the Creative
Commons License. You are permitted to copy, redistribute, and make derivative works from the text of individual
timelines, as explained in the Creative
Commons License, subject to the following conditions:
- You must give the original author credit.
- You may not use any information in the timelines for commercial purposes.
- If you alter, transform, or build upon the information in the timelines, you may distribute the resulting
work only under a license identical to this one (i.e., open-content).
- For any reuse or distribution, you must make clear to others the license terms of this work.
- Any of these conditions can be waived if you get permission from the copyright holder.
- The total number of timelines entries you copy, redistribute, or make derivative works from, cannot exceed
200. If you would like to use more than 200 entries, you must first contact us for permission.
Outside of the text of the timelines, most of the other materials on the website are protected by copyright.
All elements of the Website, including without limitation the general design, are protected by trade dress, copyright, moral rights,
trademark and other laws relating to intellectual property rights. The Services and the Website may only be used for the intended
purpose for which such Website and Services are being made available. Except as may be otherwise indicated in specific documents within
the Website, you are authorized to view, print and download documents and images found on our Website for personal, informational, and
noncommercial purposes only.
Except as authorized under the copyright laws, you are responsible for obtaining permission before reusing any
copyrighted material that is available on the Website. You shall comply with all applicable domestic and international laws, statutes,
ordinances and regulations regarding your use of the Website and Services. The Website and all related rights shall remain the
exclusive property of the Center for Grassroots Oversight or its licensors unless otherwise expressly agreed. You will not remove any
copyright, trademark or other proprietary notices from material found on this Website.
We reserve the right to remove any content on this site which allegedly infringes
another person's copyright. Notices to us regarding any alleged copyright infringement
on this site should be directed to the site administrator. If you believe that any Content posted on the Website is infringing, defamatory or otherwise violate
these Terms, please contact the Center through the Contact Page.
Organizational Identification & Trademarks
All trademarks, service
marks and trade names of the Center and its partners and licensors used herein (including without limitation the name, logo, and the
associated designs and logos – collectively “Marks”) are trademarks or registered trademarks of the Center or its
affiliates, partners or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify the Marks in
any way, including in advertising or publicity pertaining to distribution of materials on this Website, without the Center’s
prior written consent. The use of the Marks on any other website or networked computer environment is not allowed. You may not use the
Marks as a "hot" link on or to any other website unless establishment of such a link is approved in advance.
Restricted Content & Activities
You agree that you will not use the Website to post or upload any of the following:
- Offensive language, such as profanities and expletives; sexually explicit or
pornographic material; hate speech; defamatory, abusive, threatening or harassing speech; or racial, religious or personal attacks of any
- Material which infringes upon the copyright, trademark, patent, trade secret or
other proprietary rights or rights of publicity or privacy of third parties
- Multimedia Content
of any kind, such as audio and video files
- Promotion of any activity that may be found illegal at the local, state or federal
level (including, but not limited to, laws governing export control, consumer protection, unfair
competition, antidiscrimination or false advertising), or any Content that is itself illegal in any way,
such as fraudulent advertising or advertising involving the sale of counterfeit or stolen items.
Furthermore, you may not list any item on the Website (or consummate any transaction that was i
nitiated using our Services) that could cause us to violate any applicable law, statute, ordinance or regulation.
- Direct links to or descriptions of goods and services that are prohibited under these
Terms of Service
- Commercial Content of any kind, including without limitation graphic and text
advertisements, chain letters, spam offers, surveys, contests, or any clear promotion of
commercial interests beyond appropriate discussion of Website Content
- Content that is untrue, inaccurate, deliberately misleading, or trade libelous
- Executable programming of any kind, such as viruses, worms, Trojan horses, spyware, time bombs, cancelbots, easter eggs, or any form of
malicious or benign computer programming whatsoever
- Encrypted Content or Content that can be demonstrated to contain encoded messages
- Identifiable impersonations of another individual, by false representations in
the text, by creating a misleading screen name that misrepresents the poster’s identity in an identifiable fashion, or by using
another individual’s account to post, with or without that individual’s knowledge
- Content that creates liability for us or causes us to lose (in whole or in part) the
services of our ISPs or other partners or suppliers
You further understand
and agree that sending unsolicited email advertisements to any user of the Website or through Voice computer systems is expressly
prohibited by these Terms of Service. Any such unauthorized use of our computer systems is a violation of these Terms of Service and
applicable “anti-spam” laws. Such violations may subject the sender and his or her agents to civil and criminal penalties.
Right to Remove Content or Block Access
The Center for Grassroots Oversight
generally does not review Content posted by any party other than the Center except for verifying prior to posting and has no
responsibility for Content posted by any party other than the Center to the Website. However, the Center may, at its discretion but
without any obligation, remove Content that does not meet the acceptable use guidelines in Section 4 or is otherwise inappropriate,
according to its sole interpretation. The Center may also remove all other Content by such user, disable a user’s account, and
otherwise prevent that user from using our Services. The Center may also, at its discretion, disable and suppress Content from any
account where the chosen screen name is deemed to be offensive or inappropriate, or is a violation of trademark or copyright. We may
also block your access to our Website in the event that (a) you breach these Terms of Service; (b) we are unable to verify or
authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for
you, our users or us.
Submission of Content
If you submit Content to
the Website, such as a timeline entry or a forum posting, you grant to the Center, or warrant that the owner of such Content has
expressly granted to the Center, a world-wide, royalty-free, perpetual, irrevocable, transferable, non-exclusive and fully
sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform
and display such Content (in whole or part) and/or to incorporate such Content in other works in any form, media, or technology now
known or later developed.
If you elect to submit images as part of your timeline entry, they must fall
within one of three categories: The pictures must be (1) part of the public domain,
(2) copyrighted, but used with the permission of the copyright holder, or (3) the contributor's own work.
You are entirely responsible for the security and confidentiality of your password and
account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to immediately
notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking
precautions and providing security measures best suited for your situation and intended use of the Services and Website. We have the
right to provide user billing, account, Content or use records, and related information under certain circumstances (such as in response
to legal responsibility, lawful process, orders, subpoenas, or warrants, or to protect our rights or business). Please note that
anyone able to provide your personally identifiable information will be able access your account so you should take reasonable steps to
protect this information.
does not represent the views of the Center or any individual associated with the Center, and we do not control this Content. In
no event shall you represent or suggest, directly or indirectly, the Center’s endorsement of user-published Content.
The Center does not do any independent verification that the sources cited by users in the
timelines are accurate and makes no guarantee as to the validity, accuracy, or credibility of any user-published Content on our
Website. The Center reviews user-submitted content and information in timelines only once, at the time of submission, to verify that the
sources cited correspond to what the user has submitted. Therefore, please be aware that the accuracy of the sources listed in the
timelines may change after the source is posted on the website – for example, the source may be retracted, corrected, or otherwise
altered. The Center does not take any responsibility or assume any liability for any of the Content on the Website, or any actions you
may take as a result of reading user-published Content on our Website. Through your use of the Website and Services, you may be
exposed to Content that you may find offensive, objectionable, harmful, inaccurate or deceptive. There may also be risks of dealing
with underage persons, people acting under false pretense, international trade issues and foreign nationals. By using our
Website, you assume all associated risks.
In some cases we partner with another company who provides services within our Website, and
during those transactions you are transacting directly with our partner. On these pages, the transactional partner's brand is clearly
visible, and their terms of service are posted. When using these partner pages, you are bound by the partner terms of service in
addition to remaining bound by the Center’s Terms of Service. When there is a conflict between the Center’s Terms of Service
and partner terms of service, the Center’s Terms of Service shall be held as the primary, enforceable terms of service.
Links to Third Parties
This Website contains hyperlinks to other websites controlled by
third parties. These links are provided solely as a convenience to you and do not imply endorsement by the Center of, or any affiliation
with, or endorsement by, the owner of the linked website. The Center is not responsible for the contents or use of any linked website, or
any consequence of making the link. We encourage you to be aware when you leave our website and to read the posted privacy statement
and user terms and conditions whenever interacting with any other website.
You are responsible for purchase of, and payment of charges for, all Internet access services and telecommunications services needed
for use of this Website.
Access and Interference
You agree that you will
not use any robot, spider, scraper or other automated means to access the Website for any purpose without our express written permission.
Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or
disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the site or any
activities conducted on the Website; or (iii) bypass any measures we may use to prevent or restrict access to the Website.
Your License to Us
By posting Content on our Website, you grant the Center a non-exclusive, perpetual,
irrevocable, royalty-free, worldwide, fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative
works from, distribute, and display such Content throughout the world in any media, whether now known or hereafter discovered. In
addition, you warrant that all so-called "moral rights" in those materials have been waived.
In the event that you have a dispute with one or more other users of the Website, you
release the Center (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and
damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed,
arising out of or in any way connected with such disputes.
Your use of and browsing of this Website are at your own risk. WE, OUR SUBSIDIARIES,
OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR WEBSITE, EVERYTHING ON THE WEBSITE AND SERVICES "AS IS" AND WITHOUT
ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS
SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING THE INFORMATION CONTAINED ON THIS WEBSITE, AND SPECIFICALLY DISCLAIM
ANY WARRANTY AS TO THE SUITABILITY, RELIABILITY, TIMELINESS OR ACCURACY OF THE INFORMATION CONTAINED ON THIS WEBSITE FOR ANY
PURPOSE. THE CENTER DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL
BE CORRECTED, OR THAT THE WEBSITE OR THE SERVERS THAT MAKES SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you
specific legal rights and you may also have other legal rights that vary from state to state.
This Website and all of the Content on it are provided strictly "as is." THE CENTER CANNOT GUARANTEE
THE ACCURACY OF ANY ENTRY. Information relevant to individual timeline entries – such as retractions and/or corrections to
the sources cited in the entry – may become available after the entry is posted on the Website. The Center does not review the
accuracy of timeline entries, except to check the sources cited when a user first submits an item for posting. All of the information in
the timelines is derived solely from the sources cited; the Center does not do any independent investigating, reporting, or verifying.
If you feel that a timeline entry contains information that is incorrect, misleading, or otherwise in need of correction, please
contact the Center.
Limitation on Liability
The Center assumes no
liability in the event that legal action is taken against you by a third party as a result of Content you publish on our Website,
whether for copyright infringement or any other illegal activity related to your Content. You represent and warrant that you own or
otherwise control all of the rights to the Content that you post; that the Content is accurate; that use of the Content you supply does
not violate this policy and will not cause injury to any person or entity; and that you will indemnify the Center or its affiliates for
all claims resulting from Content you supply. IN NO EVENT SHALL WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS BE
LIABLE FOR LOST PROFITS OR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION
WITH OUR WEBSITE, ANY CONTENT THEREON, OUR SERVICES OR THESE TERMS OF SERVICE (HOWEVER ARISING, INCLUDING NEGLIGENCE) OR YOUR USE THEREOF,
WHETHER IN A CONTRACT ACTION OR BASED ON NEGLIGENCE, OR OTHER TORT ACTION, OR ANY OTHER CLAIM WHATSOEVER, EVEN IF THE CENTER 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 THE CENTER'S TOTAL LIABILITY TO YOU
FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED
TWENTY-FIVE DOLLARS ($25.00).
You agree to defend,
indemnify and hold the Center and any affiliated company or individual harmless from any and all liabilities, costs, and
expenses, including reasonable attorneys’ fees, related to any violation of these terms by you or your authorized users, or in
connection with the use of the Website or the Internet or the placement or transmission of any message or information on this
Website by you or your authorized users or your violation of any law or the rights of a third party.
Neither the Center nor you shall be responsible for damages or for
delays or failures in performance resulting from acts or occurrences beyond either party’s reasonable control, including, without
limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil
or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body
or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing,
or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other
These Terms of Service shall be governed in all respects by the laws of the State of
California as such laws are applied to agreements entered into and to be performed entirely within California between California residents.
We do not guarantee continuous, uninterrupted or secure access to our Website or Services, and operation of the Website may be interfered
with by numerous factors outside of our control. If any provision of these Terms of Service are held to be invalid or unenforceable, such
provision shall be struck and the remaining provisions shall be enforced. You agree that these Terms of Service and all incorporated
agreements may be automatically assigned by the Center in our sole discretion. Headings are for reference purposes only and in no way
define, limit, construe or the Center the scope or extent of such section. Our failure to act with respect to a breach by you or others
does not waive our right to act with respect to subsequent or similar breaches. These terms of service set forth the entire understanding
and agreement between us with respect to the subject matter hereof. 12 (Access and Interference), 13 (License), 14 (Release), 16
(Liability Limit), and 17 (Indemnity) shall survive any termination or expiration of this Agreement.
DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE.
In operating the Website,
we may act as a “services provider” (as defined by DMCA) and offer services as online provider of materials and links to third
party websites. As a result, third party materials that we do not own or control may be transmitted, stored, accessed or otherwise made
available using the Website. If you believe any material available via the Website infringes a copyright, you should notify us using the
notice procedure for claimed infringement under the DMCA. We will respond expeditiously to remove or disable access to the material
claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the
alleged infringer who provided the Content. Send your notice in writing to: Center for Grassroots Oversight
PO Box 833
Santa Cruz, Ca 95061
In conjunction with your written notice, you can also send us an email.
Please provide the following notice:
- Identify the copyrighted work or other intellectual property that you claim
has been infringed;
- Identify the material on the Site that you claim is infringing, with enough
detail so that we may locate it on the Site;
- A statement by you that you have a good faith belief that the disputed use is
not authorized by the copyright owner, its agent, or the law;
- A statement you declaring under penalty of perjury that (a) the above in your notice is accurate,
and (b) that you are the owner of the copyright interest involved or that you are authorizedact on behalf of that owner;
- Your telephone number, and email address; and
- Your or electronic signature.
These terms and conditions are the entire agreement between the user and the Center
and supersedes any prior understandings or agreements (written or oral).
Except where otherwise noted, the textual content of each timeline is licensed
under the Creative
Commons License. All other materials are protected by copyright, which is held either by the Center for Grassroots Oversight, Copyright © 2005, or