Welcome to War History Fans (together with all of its Content and its services available through the https://warhistoryfans.com domain and subdomains, the "Site"). Please read the following Terms of Use ("Terms") carefully before using this Site so that You are aware of Your legal rights and obligations with respect to the Site's owner Takeo Ltd., and its affiliates and subsidiaries (individually and collectively, "War History Fans", "Our", "Us" or "We").
By using or visiting this Site, including without limitation contributing to or viewing the Site's Content (as defined below), You signify Your assent to (i) these Terms; (ii) War History Fans's privacy policy ("Privacy Policy") (iii) War History Fans's community rules ("Community Rules") (iv) War History Fans's expert agreement ("Expert Agreement") (to the extent You are an Expert), and (v) any other legal notices published by Us on the Site (together the "Site Terms"), each of which You confirm You have read, understood and agree to be bound by. The Site Terms apply to all Users of the Site. If You do not agree to the Site Terms then please do not access or otherwise use the Site, the Site's services or any information contained herein.
You affirm that You are either more than 18 years of age (as the Site is targeted to individuals 18 and above) or possess a legal parental or guardian consent to use the site and enter into these Terms. In any case, in consideration of Your use of the Site, You represent that You are of legal age to form a binding contract and are not a person barred from using the Site and/or its services under the laws of the applicable jurisdiction.
Without derogating from the above, You affirm that You are over the age of 13, as the Site is not intended for children under 13. If You are under age 13, please do not attempt to use this Site or provide any personal information about yourself to us. If We learn that We have collected personal information from a child under age 13, We will delete that personal information as quickly as possible and We may cancel or withhold that user's account unless Your parent or guardian consents to the collection of personal information from You within a reasonable time.
Currently using many of the services on the Site is for free. We reserve the right to change this policy in the future. If We change Our fee policy We will give You at least ten (10) calendar days' notice by posting the changes on the Site.
The Site provides a venue for informational and educational purposes to allow Customers to ask questions and Experts to answer them ("Expert Service"). To become an Expert on the Site You must: (i) answer at least 40 community questions, (ii) have at least 4 Users rate You, and (iii) maintain at least an 80% positive User rating. The Expert is not required to choose the area of his or her expertise. The system identifies the top experts to each question based on text analysis and the Expert's authority ranking which is an automatically calculated rank given to each Expert. The Expert can choose topics he or she wants to avoid by adding a list of stop words separated by commas, on his or her Expert Settings tab on the update profile page.
Use of the term "Expert" by War History Fans and on the Site is only meant to describe certain Users that answer questions on the Site, and not to guarantee any particular level of expertise of these Experts.
The Expert Service is provided for the sole purpose of answering User questions and must not be used for any other purpose, including (without limitation) to perform transactions in connection with any goods or services.
Expert's answers on this Site are to be used for general information purposes only, and not as a substitute for in-person evaluation or specific professional (such as medical, legal, veterinary, tax, financial, etc.) advice .
Your use of any Expert Content (defined below), or any part thereof, is made solely at Your own risk and responsibility.
As stated above, an Expert is a User of the Site, not Us, who answers Your questions. The Experts determine which questions to answer. Experts are not employees or agents of War History Fans but are, like Customers, independent, third-party Users of the Site.
Customers will have the sole responsibility to verify the Expert's identity, qualifications, biographic information, licenses held, and other information delivered to him or her by an Expert. War History Fans will not be liable for any loss or damage caused by Your reliance on any advice, information or content provided to You by an Expert.
To the extent that Customer and Expert enter into a transaction with one another (including without limitation in breach of these Terms), War History Fans is not involved in or liable for any such transaction, which shall be entered into at Customer's and Expert's own risk). War History Fans does not control the quality or relevance of the advice, whether the Expert is qualified to provide the specific advice, the accuracy of any postings via the Expert Service or transmissions through it by You or the Experts. In addition, War History Fans cannot and will not make any effort to verify the identity, qualifications, or credentials of any of the Experts. Please note that War History Fans does not endorse any Expert or guarantee whether the Expert is categorized correctly or in the most appropriate category to provide the advice sought by the Customer.
You acknowledge that War History Fans does not edit, modify, filter, screen, monitor, endorse or guarantee any Content (including information or communications provided in questions, answers, requests for information, responses, profiles, Expert signatures, qualifications, comments) which is transmitted by an Expert to Customer via the Expert Service ("Expert Content"). Accordingly, War History Fans is not liable for any acts or omissions of Experts, Expert Content, the ability of Experts to answer questions or the ability of Customers to pay for answers. We cannot ensure that a Customer or Expert will complete an interaction with one another, and We can not control the time it takes any of the parties to reply. Notwithstanding the foregoing, War History Fans reserves the right, but is not obligated, to refuse to post or to remove any content which is submitted via the Expert Service.
All interactions between Customers and Expert will be billed through War History Fans regardless if the interaction is online or offline. Customers agree to abide by the pricing terms published on the Site.
No professional-client relationships shall be formed on the Site.
Communications on this Site and via the Expert Service shall not be the subject of any associated privileges. Communications on this Site and via the Expert Service are limited, do not involve in-person evaluations or visits, and do not include safeguards and procedures typical of in-person evaluations and visits.
IF YOU ARE THINKING ABOUT SUICIDE OR FEEL THAT YOU MAY BE A DANGER TO YOURSELF OR TO OTHERS, PLEASE IMMEDIATELY CALL 911 (OR THE RELEVANT EMERGENCY NUMBER IN YOUR COUNTRY) AND NOTIFY THE POLICE OR EMERGENCY MEDICAL SERVICES. The Site is not the appropriate venue to deal with such situations.
Experts are not permitted to perform any Expert services for You outside of the Site, or to request or accept other support-related work from You outside of the Site. You should report to Us any time an Expert requests or performs work for You outside of the Site. We disclaim any responsibility, warranty or liability to You regarding any Expert services or other expert work performed outside of the Site, or any damages or other consequences of such work.
Each question asked through the Expert Service (“Expert Question”) is limited to one specific initial question. Notwithstanding the foregoing Customer, may reply up to 10 times to responses received from an Expert in connection with each Expert Question, after which further communications may be prevented in connection with that specific Expert Question. In addition, new communications related to an Expert Question may be prevented 14 days following receipt of payment from Customer in connection thereto.
You acknowledge and agree that no fees and/or payments paid by You to War History Fans in connection with the Expert service are refundable. Notwithstanding the above, a refund in connection with a specific Expert Question shall be provided only if each of the following conditions are met: (i) You request the refund within seven (7) calendar days following the date You paid for a specific Expert Question, (ii) We agree (in Our reasonable discretion) that Your request is made in good faith and You did not receive an answer or adequate advice and guidance on Your question, and (iii) You have ceased communicating with the Expert after requesting the refund. If You believe that You are entitled to a refund, please contact us with Your refund request and a description of Your case. We will respond as quickly as We can. Failure to notify War History Fans within 7 days as specified above shall be deemed as Your acceptance of the Expert advice and will entitle War History Fans to receive the corresponding payment, even if You were not answered at all.
A. We hereby grant You permission to use the Site, provided that: (i); You will not copy, distribute or modify any part of the Site without Our prior written authorization; (ii) You will not send unsolicited or unauthorized advertisements, spam, chain letters, etc.; (iii) You will not transmit any Content which contains software viruses, or other harmful computer code, files or programs; (iv) You will not disrupt servers or networks connected to the Site; (v) You will not take any actions that may undermine, disrupt or manipulate the integrity of the feedback (rating) system on the Site; and (vi) You comply with these Terms.
B. In order to access some of the services of the Site, You may have to create an account. You may never use another's account without permission. You are solely responsible for the activity that occurs on Your account, and You must keep Your account password secure. You must notify Us immediately of any breach of security or unauthorized use of Your account. You will be liable for any use made of Your account or password and the losses of War History Fans or others due to such unauthorized use. We will not be liable for Your losses caused by any unauthorized use of Your account.
C. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," and "offline readers," that accesses the Site in a manner that sends more request messages to Our servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. We grant the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. We reserve the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names or e-mail addresses, from the Site, nor to use the communication systems provided by the Site for any commercial or non-commercial solicitation purposes.
D. We have the right to terminate Your access to the Site, cancel Your account and change any of Your user rank parameters, in Our sole discretion, immediately and with or without cause.
The content on the Site, including without limitation, the text, documents, descriptions, products, software, graphics, photos, pictures, information, user information, user messages, offers, data, sounds, videos, interactive features, services, any content submitted or transmitted in any way to the Site by any user, including without limitation by the Moderators, User Submissions (as such term is defined below) and any other content on the Site ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to War History Fans. Content on the Site is provided to You "AS IS" for Your information and personal use only and may not be used, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without Our prior written consent. We reserve all rights not expressly granted in and to the Site. If You download or print a copy of the Content for personal use, You must retain all copyright and other proprietary notices contained therein. If You use any User Submission on any website, You must include an html link to the specific page of the Site that the User Submission was published and You must include another deep html link to the profile page of the user that submitted on the Site such User Submission. You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site. You agree not to use the Content, the Site and its services for any of the following commercial uses unless You obtain Our prior written approval: (i) the sale of advertising, sponsorships, or promotions placed on or within User Submissions, and/or (ii) the redistribution of User Submissions for the primary purpose of generating revenue from a substantially similar or comparable business enterprise to that carried on by Us.
"War History Fans", the War History Fans logo, and other marks are Our Marks. All other trademarks, service marks, and logos used on Our Site are the trademarks, service marks, or logos of their respective owners.
This section shall survive any termination of these Terms.
A. The Site permits the submission and other ways of transmission of Content to the Site and its services (including the Expert Service) by You and other Users including Moderators ("User Submissions") and the hosting, sharing and publishing of such User Submissions. Subject to these Terms and the terms of Our Privacy Policy , You understand that whether or not such User Submissions are published on the Site, We do not guarantee any confidentiality with respect to any User Submissions. We have complete discretion whether to publish Your User Submissions. You shall be solely responsible for Your User Submissions and the consequences of posting or publishing them.
We and the Moderators have the right in Our sole discretion and without further notice to You, to monitor, censor, edit, move, delete, and/or remove any and all Content posted on the Site (including User Submissions) at any time and for any reason. Without limiting the foregoing, We have the right to delete any comment, post, picture, ad or any other User Submission that We believe, in Our sole discretion, does or may violate the Site Terms.
B. You represent and warrant that: You own or have the necessary rights and permissions to use and authorize Us to use all Intellectual Property Rights in and to any User Submissions, and to enable inclusion and use thereof as contemplated by the Site and these Terms, including without restriction as set forth in Section C below. "Intellectual Property Rights" means any and all rights, titles and interests, whether foreign or domestic, in and to any and all trade secrets, patents, copyrights, service marks, trademarks, know-how, or similar intellectual property rights, as well as any and all moral rights, rights of privacy, publicity and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, foreign or domestic. You retain all of Your ownership rights in Your User Submissions.
C. Subject to these Terms and the terms of Our Privacy Policy , by submitting the User Submissions to Us, You hereby grant Us a free, worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicenseable and transferable license to use, reproduce, distribute, adapt, modify, prepare derivative works of display, and perform the User Submissions in connection with the Site and Our (and its successor's) business, including without limitation for redistributing part or all of the User Submission (and derivative works thereof) in any media formats and through any media channels and You hereby waive any moral rights in Your User Submission, to the extent permitted by law. Subject to the limitations set forth in these Terms (including in the section "Intellectual Property Rights" above) and Our Privacy Policy You also hereby grant each User of the Site or other viewer of the User Submission a non-exclusive right to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions.
D. You agree that You will not display, post, submit, publish or transmit a User Submission that: (i) is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes; (ii) is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless You are the owner of such rights; (iii) creates a risk to a person's safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by law enforcement; (iv) impersonates another person; (v) promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking; (vi) is unlawful, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (vii) involves theft, money laundering or terrorism; (viii) violate any of Our Site Terms; or (ix) is otherwise malicious or fraudulent. You will not provide any legal or medical advice or other professional advice or information (such as securities, tax, psychiatry, veterinary, etc) that may only lawfully be rendered or provided by a licensed professional unless You are a licensed professional in good standing and You abide by all the rules and regulations of such profession. You will not misrepresent Yourself or create a misleading username.
E. You understand that when using the Site and its services (including the Expert Services), You will be exposed to User Submissions (including Expert Content), and that We are not responsible for the accuracy, correctness, timeliness, performance, competency, completeness, suitability for any purpose, usefulness, safety, or intellectual property rights of or relating to any User Submissions, submitted by any User, including without limitation by Experts and/or by the Moderators. You may be exposed to User Submissions and Expert Content, as well as advertising from third parties, that are inaccurate, erroneous, offensive, indecent, objectionable, or otherwise incorrect in any way and You agree to waive, and hereby do waive, any legal or equitable rights or remedies You may have against Us with respect thereto, and agree to indemnify and hold War History Fans, its owners, affiliates, employees, agents, Moderators and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to Your use of the Site (including its Content). Note that We do not have control over the advertisements that are served on the Site. While we attempt to notify the advertiser if the ads are inappropriate, in Our sole discretion, We do not guarantee that We will identify all inappropriate ads or that We will be successful in having them removed. More over, any Content available through the Site and its services (including the Expert Services) cannot, and should not replace any professional advice. It shall be Your own responsibility to ensure that any Content available through the Site meet Your requirements.
We reserve the right to access, read, preserve, and disclose any User Submissions (including Expert Content) (whether published or not) or any other information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process, subpoena or governmental request, (b) enforce these Terms, including investigation of potential violations of it, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of War History Fans, its users or the public.
The Site may contain links to third party websites that are not owned or controlled by Us. We are not affiliated with those websites, have no control over those websites, and assume no responsibility for the content, privacy policies, or practices of any third party websites. In addition, We will not and cannot censor or edit the content of any third-party site. By using the Site, You expressly release Us from any and all liability arising from Your use of any third party website. Accordingly, We encourage You to be aware when You have left the Site and to read the terms and conditions and privacy policy of each other website that You visit.
Subject to the terms of these Terms (including under Section "Intellectual Property Rights" above) We permit You to link to materials on the Site for personal, non-commercial purposes only.
We cannot and do not warrant that the Content (including Expert Content and Content posted by the Moderators) available on the Site is accurate, complete, reliable, current, or error-free. We reserve the right to make changes in or to the Content, or any part thereof, according to Our sole judgment, without the requirement of giving any notice prior to or after making such changes to the Content. Your use of the Content (including Expert Content and Content posted by the Moderators), or any part thereof, is made solely at Your own risk and responsibility.
The moderators of this Site are marked as "Operator", "Moderator" or "Administrator" ("Moderators"). You acknowledge that the Moderators have the right in their sole discretion and without further notice to You, to monitor, censor, edit, move, delete, and/or remove any and all Content posted on the Site at any time and for any reason. Unless otherwise agreed in writing any activity of a Moderator and any Moderator contribution to the Site is done on a voluntary basis. In no event do the Moderators have authority to bind or obligate Us by contract or otherwise and/or approve any change to the Site Terms. Without derogating from Our right to modify the Site Terms at any time as specified in these Terms, the Site Terms may not be amended or modified between any specific person or entity and Us except by the manually signed, written consent of War History Fans to be sent to such person or entity by Fax only.
You hereby release and agree to hold harmless War History Fans and its affiliates, and their respective directors, officers, employees, agents, Moderators, successors, advisors, consultants, and assigns from any and all causes of action and claims of any nature resulting from any Content posted on the Site including without limitation Content regarding legal, medical, mental, financial, astrology, relationship, love, firearms, alcohol, home improvement, real estates, antiques, art, nutrition or health issues.
The Content on the Site is provided for general information purposes only and is not intended in any way to be a substitute for face-to-face professional advice.
War History Fans does not assume any liability or responsibility for damage or injury to persons or property arising from the use of any information or advice given by Moderator.
If You want to contact Us officially You can do so via Our contact form .
It is the policy of War History Fans to respect the legitimate rights of copyright and other intellectual property owners. Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (the "DMCA"), War History Fans has designated an agent (specified below) to receive notifications of claimed copyright infringement on its sites. Please be advised that We enforce a policy that provides for the termination in appropriate circumstances of subscribers who are repeat infringers.
If You believe that Your work has been copied in a way that constitutes copyright infringement or that Your intellectual property rights have been otherwise violated, please provide War History Fans’s Copyright Agent with the following information in accordance with the DMCA:
War History Fans’s' agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
Designated Agent :
| Michael Shlomo |
| Takeo Ltd. |
| 5 Yad Hamaavir St., Tel Aviv 69510, Israel |
| Tel: +972-3-6484771 |
| Fax: +972-3-6484771 |
| Email: copyright@kikuta2008.com |
Please also note that under Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
If You believe that the material You posted was removed by mistake, and that You have the right to post the material, You may elect to send Us a counter notice. To be effective the counter-notification must be a written communication provided to Our designated agent that includes substantially the following (please consult Your legal counsel or see 17 U.S.C. Section 512(g)(3) to confirm these requirements):
Such written notice should be sent to Our designated agent as follows:
Designated Agent :
| Michael Shlomo |
| Takeo Ltd. |
| 5 Yad Hamaavir St., Tel Aviv 69510, Israel |
| Tel: +972-3-6484771 |
| Fax: +972-3-6484771 |
| Email: copyright@kikuta2008.com |
Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
THE FOLLOWING SECTION REGARDING LIMITATION OF LIABILITY AND WARRANTY APPLIES WHETHER OR NOT THE SERVICES PROVIDED UNDER THE SITE ARE FOR PAYMENT.
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND US, THE SITE (INCLUDING THE CONTENT, EXPERT SERVICE AND ANY OTHER SERVICES PROVIDED THEREBY), IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND INCLUDING WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. WHILE WE MAKE REASONABLE EFFORTS TO ENSURE THAT THE SITE WILL FUNCTION AS CLAIMED, WE DO NOT GUARANTEE THAT THE SITE WILL BE FREE OF BUGS, SECURITY BREACHES, VIRUS ATTACKS AND THE LIKE, OR THAT IT WILL ALWAYS BE AVAILABLE. THE SITE WILL OCCASIONALLY BE UNAVAILABLE FOR ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS. IN ADDITION, YOU AGREE THAT WE WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO ITS USERS THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS, ETC.
YOU SPECIFICALLY ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
EXCEPT AS EXPRESSLY STATED IN OUR PRIVACY POLICY, WE DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SECURITY OF ANY INFORMATION YOU MAY PROVIDE OR ACTIVITIES YOU ENGAGE IN DURING THE COURSE OF YOUR USE OF THE SITE.
WE DO NOT WARRANT, ENDORSE, OR GUARANTEE, AND ARE NOT LIABLE FOR, ANY CONTENT, PRODUCT, OR SERVICE THAT APPEARS IN USER SUBMISSIONS, INCLUDING, WITHOUT LIMITATION, USER SUBMISSIONS MADE BY MODERATORS, EXPERT CONTENT, OR THAT IS ADVERTISED ON THE SITE, AND YOU ACKNOWLEDGE THAT WE DO NOT SELL, RESELL, OR LICENSE ANY THIRD PARTY OR USER PRODUCTS OR SERVICES THAT MAY BE FEATURED THEREIN. TO THE EXTENT THAT YOU ENTER INTO A TRANSACTION WITH A THIRD PARTY OR ANOTHER USER (INCLUDING WITHOUT LIMITATION IN BREACH OF THESE TERMS), YOU AGREE THAT WE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT THAT YOU MAY INCUR AS A RESULT THEREOF AND YOU ENTER INTO SUCH A TRANSACTION AT YOUR OWN RISK.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT OF War History Fans OR ITS AFFILIATES, SUPPLIERS, AGENTS, MEMBERS, OR VISITORS, WHETHER MADE ON THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTION WITH OTHER USERS. IF YOU HAVE A DISPUTE WITH ANY OTHER USER OF THE SITE, INCLUDING, WITHOUT LIMITATION, ANY MODERATOR, YOU AGREE THAT WE ARE NOT LIABLE FOR ANY CLAIMS OR DAMAGES ARISING OUT OF OR CONNECTED WITH SUCH A DISPUTE. WE RESERVE THE RIGHT, BUT HAVE NO OBLIGATION, TO MONITOR ANY SUCH DISPUTE BETWEEN TWO OR MORE USERS, ARISING OUT OF THEIR USE OF THE SITE.
WE EXPRESSLY DISCLAIM ALL WARRANTIES FOR INFORMATION, CONTENT, ADVICE, AND/OR ANSWERS POSTED OR TRANSMITTED BY EXPERTS. IF A CUSTOMER DECIDES TO RELY ON ANY SUCH INFORMATION PROVIDED BY AN EXPERT FOLLOWING THE USE OF THE SITE, THE CUSTOMER MUST EXERCISE A HIGH STANDARD OF CARE. THE CUSTOMER SHALL NOT HAVE ANY CLAIM OR DEMAND VIS-A-VIS War History Fans, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS OR AGENTS IN RESPECT TO ANY SUCH INFORMATION THE CUSTOMER DECIDES TO RECEIVE, RELY OR ACT UPON, AND/OR RELAY FURTHER. War History Fans WILL NOT BE DEEMED THE PROVIDER OR RECIPIENT OF ANY SUCH INFORMATION ACQUIRED THROUGH THE SITE AND THE USE OF AND RELIANCE ON SUCH INFORMATION IS AT THE USER'S SOLE RISK.
UNDER NO CIRCUMSTANCES SHALL WE, THE MODERATORS, EXPERTS, AFFILIATES AND THE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, ASSIGNS AND AGENTS BE LIABLE FOR ANY LOSS OF MONEY, GOODWILL, REPUTATION, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE AND ITS SERVICES (INCLUDING, WITHOUT LIMITATION, THE EXPERT SERVICES) EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT AND WITHOUT LIMITING THE GENERALITY OF THIS SECTION TO THE EXTENT PERMITTED BY LAW YOU AGREE THAT OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES AND LOSSES SHALL NOT IN ANY CIRCUMSTANCES EXCEED AN AGGREGATE OF THE AMOUNT PAID BY YOU, IF ANY, IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, FOR ACCESSING AND USING THE SITE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to defend, indemnify and hold harmless War History Fans, its affiliates, and their respective officers, directors, employees, Moderators and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) arising from: (i) Your use of the Site (including, without limitation, the Expert Service); (ii) Your violation of the Site Terms; (iii) Your violation of any third party right, including without limitation any copyright, property, publicity or privacy right; (iv) any interaction or transaction entered into, or not entered into, between You and another User or Users; or (v) any claim that one of Your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms and Your use of the Site.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by Us without restriction.
We reserve the right, at Our discretion, to modify the Site Terms which will be effective 10 days following the posting of the modification to the Site or providing notice to You, whichever occurs first, and will apply to causes of action arising after the effective date of the change. We will inform You regarding such modifications by either notifying You via Your email address or by posting such latest changes on the Site. You should continue check the Site and the Site Terms for changes. Your continued use of this Site 10 days following the posting of changes to any of the Site Terms or providing notice to You, whichever occurs first, will mean You accept those changes.
We reserve the right to discontinue or modify any aspect of the Site at any time. The Site Terms and the relationship between You and Us are governed by and construed in accordance with the laws of Israel, without regard to its principles of conflict of laws. You and Us agree to submit to the personal and exclusive jurisdiction of the courts located in Tel- Aviv, Israel and waive any jurisdictional, venue, or inconvenient forum objections to such courts. The Site Terms shall constitute the entire agreement between You and Us concerning the Site. If any provision of the Site Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Site Terms, which shall remain in full force and effect. No waiver of any term of the Site Terms shall be deemed a further or continuing waiver of such term or any other term, and a party's failure to assert any right or provision under any of the Site Terms shall not constitute a waiver of such right or provision. YOU AND War History Fans AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Last Updated ( Wednesday, 22 April 2015 )