Terms and Conditions
Terms and Conditions of Use Effective Date: November 3rd, 2010
ARCHIVALL IS AN ONLINE HOSTED SERVICE OF DATABANKDECISION PTY LTD (also referred to as databankdecision). THESE
TERMS OF USE, AS MODIFIED OR AMENDED FROM TIME TO TIME ARE A BINDING CONTRACT BETWEEN DATABANKDECISION PTY LTD AND
YOU ("YOU" OR "USER"). BEFORE ACCESSING, UPLOADING OR MODIFIYING ANY IMAGE, TEXT OR ANY OTHER CONTENT, PLEASE READ
THESE TERMS CAREFULLY. BY USING THIS SITE YOU AGREE TO THE PRIVACY POLICY AND DIRECTION IF ANY GIVEN BY
DATABANKDECISION. THERE ARE TWO FORMS OF ACCOUNTS RELATED TO THIS SITE. PERSONAL ACCOUNTS ARE FOR EACH INDIVIDUAL,
THESE CONTAIN ACCESS AND CONTACT DETAILS. SITE ACCOUNTS ARE DEFINED BY HAVING CONTENT AND AT LEAST ONE
ADMINISTRATOR, THIS CONTENT MAY HAVE MORE THAN ONE WEB SITE ADDRESS AND MORE THAN ONE USER. IF YOU HAVE PASSWORD
ACCESS TO THIS SITE AND DO NOT AGREE TO THE TERMS AND CONDITIONS AND THE PRIVACY POLICIES YOU MUST EXIT THIS SITE
IMMEDIATELY AND NOTIFY DATABANKDECISION IF YOU HOLD ADMINISTATOR RIGHTS OR ABOVE, OR CONTACT YOUR ADMINISTRATOR IF
YOU HOLD LESS THAN ADMINISTRATOR RIGHTS, TO TERMINATE YOUR PERSONAL ACCOUNT. YOU MUST READ THIS AGREEMENT.
1. DESCRIPTION OF SITE
ArchivAll is web bases application created by databankdecision. Its purpose is to provide a user generated
collection of images and a information on historical events, peoples, places and objects. The site can be reserved
for members only or opened up to the public for viewing and commenting via an optional separate but related
HistoryBrowser Portal. Access is granted by a user login name and a password. Various levels of access are granted
to different user types. High level privileges allow the modification of data, user access and the graphic and
system layout. This site is for general research, information and entertainment purposes only. The information on
this site is not independently verified and ArchivAll is not responsible for inaccurate user content.
2. MODIFICATIONS TO TERMS
You agree that from time to time we may, at our sole discretion, modify, add or remove any or all parts of these
Terms and the Privacy Policy. We will provide notice to you of any material changes in the Terms by posting notice
to the Site and sending an email to the email address that we have on record for you. Your continued use of the
Site 30 days after our notice to you of a change in the Terms means that you have agreed to the amended Terms. It
is critical that you keep your email contact information correct and updated with ArchivAll at all times. In
addition, we encourage you to check back regularly to review these Terms at least once every 30 days
3. MODIFICATIONS TO SITE
We reserve the right from time to time to temporarily or permanently modify or discontinue, and restrict or block
access to the Site (or any part thereof) without notice. We may temporarily or permanently modify or remove any
part or all of your content from the Site at any time without any notice to you. We will not be liable to you or
any third party for any such modification, suspension, discontinuance or removal and any such action by us will not
affect ArchivAll’s license to your content as stated herein.
4. POSTING USER GENERATED CONTENT ON THE SITE; REPRESENTATIONS AND WARRANTIES
Depending on your access rights you have the ability to interact with the site by posting comments, uploading
images, storing/modifying archival information and variety of other ways (such as creating access for another
user). By submitting or posting any user generated data you warrant and represent that:
- You have ownership of the content or have permission to make use of the content posted to ArchivAll.
- Any licences fees, clearance fees and other financial obligations of any kind that may arise from their residing
in ArchivAll are paid by you.
- ArchivAll can at any time request that you provide permissions to use the above mention content.
- You will not using this site stalk, threaten or harass authors or others.
- You agree that ArchivAll does not stop, nor can it stop, anyone copying images or data from your user generated
contents, beyond the access limits placed on other users or the public.
- You user content is not defamatory in nature, does not infringe on intellectual property rights, privacy, rights
to publicity or other legal or moral rights of any third party.
- You will not include content which will encourage conduct that is a criminal offence, tort, or civil wrong or
otherwise violates any applicable law.
You also agree that you will review, maintain, correct and update such information in a timely manner to maintain
its accuracy and completeness. You agree to safeguard your user name and password, and you authorize us to accept
any use of the Site through your Account as being used by you or someone authorized to act for you. You agree to be
liable for any User Generated Content posted using your Account and for any transactions associated with your
Account.
You agree that we can rely upon the contact and other information that is supplied to us using your Account and
that we will rely upon such information. You agree and acknowledge that your Account is non-transferable and
non-assignable. You may not share your password with anyone unless you are a minor, in which case you may share
your password with your parents or other legal guardians. When you submit ideas, suggestions, or proposals
(collectively, "Ideas") to us, you represent, warrant, and agree that: (i) your Ideas do not include confidential
or proprietary information, you have all necessary rights to submit them to us and that they do not and will not
infringe or violate any third party rights of any kind; (ii) if we so choose, we may use and disclose your Ideas in
any way; and (iii) we have no obligation to pay or reimburse you for your Ideas or our use of your Ideas. You also
acknowledge that (x) we may have already created, or be in the process of creating, content that may be
substantially similar to your Ideas or work samples at the time you submit those ideas or samples to us, and (y)
elements of your Ideas and work samples may not be subject to protection under copyright law.
5. PROHIBITED CONTENT
You agree not to post or submit to the Site any content or any other materials whatsoever that is or could appear
to be:
- untrue, misleading, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous,
invasive to another person's privacy or protected data, hateful, or racially, ethnically or otherwise
objectionable;
- infringing or alleged to be infringing upon a third party's rights, including any patent, trademark, trade
secret, copyright, right of publicity, or other proprietary rights of any party, including, without limitation,
any content that is the subject of any third party claim of infringement;
- of a type that you do not have a right to transmit under any law or under contractual or fiduciary
relationships, such as inside information and proprietary and confidential information;
- unsolicited, undisclosed or unauthorized advertising;
- software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the
functionality of any computer software or hardware or telecommunications equipment;
- data or information obtained through access that was not authorized by the owner of the data or information, or
with respect to which such posting would constitute unauthorized use; or
- in violation of any applicable local, state, national or international law, regulation, or statute (including
export laws).
6. PROHIBITED CONDUCT; LIQUIDATED DAMAGES
You agree not to do, or attempt to do, any of the following, subject to applicable law:
- access or use the Site in any way that violates or is not in full compliance with any applicable local, state,
national or international law, regulation, or statute (including export laws), contracts, intellectual property
rights or constitutes the commission of a tort, or for any purpose that is harmful or unintended (by us), or
other than in full compliance with these Terms;
- access, tamper with, or use services or areas of the Site that you are not authorized to access;
- alter information on or obtained from the Site;
- tamper with postings, registration information, profiles, submissions or User Generated Content of other
users;
- use any robot, spider, scraper or other automated means or interface not provided by us to access the Site or
extract data or gather or use information, such as email addresses, available from the Site or transmit any
unsolicited advertising, "junk mail," "spam," or "chain letters";
- frame any part of the Site, or link to the Site, or otherwise make it look like you have a relationship to us or
that we have endorsed you or your User Generated Content for any purpose except as expressly permitted in
writing by ArchivAll;
- impersonate or misrepresent your affiliation with any person or entity;
- reverse engineer any aspect of the Site or do anything that might discover source code, or bypass or circumvent
measures employed to prevent or limit access to any area, content or code of the Site (except as otherwise
expressly permitted by law);
- send to or otherwise impact us or the Site (or anything or anyone else) with harmful, illegal, deceptive or
disruptive code such as a virus, "spyware," "adware" or other code that could adversely impact the Site or any
recipient; or
- take any action which might impose a significant burden (as determined by us) on the Site's infrastructure or
computer systems, or otherwise interfere with the ordinary operation of the Site.
IF YOU SEND UNCOLICITED COMMERCIAL EMAIL OR ADVERTISING, BULK EMAIL, SPAM, OR CHAIN LETTERS (COLLECTIVELY,
"UNSOLICITED EMAIL OR OTHER COMMUNICATION") THROUGH THE SITE, YOU ACKNOWLEDGE THAT YOU WILL HAVE CAUSED SUBSTANTIAL
HARM TO US, BUT THAT THE AMOUNT OF THE HARM WOULD BE EXTREMELY DIFFICULT TO ASCERTAIN. AS A REASONABLE ESTIMATION
OF SUCH HARM, YOU WILL PAY LICENSOR $40 FOR EACH SUCH UNSOLICITED EMAIL OR OTHER COMMUNICATION.
7. MONITORING OF USER GENERATED CONTENT
Although we strive to maintain high standards for this Site, we are under no obligation to regularly monitor the
accuracy or reliability of User Generated Content appearing on the Site. Notwithstanding the foregoing, we reserve
the right to modify or remove any User Generated Content at any time. Any opinions, advice, statements, services,
offers, or other information or User Generated Content expressed or made available by third parties, including
other users, are those of the respective author(s) or distributor(s) and not of ArchivAll. ArchivAll neither
endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made
on this Site by anyone other than authorized ArchivAll employees acting in their official capacities.
8. PROTECTION OF SITE CONTENT
Our Site is protected by intellectual property laws and you agree to respect them. ArchivAll grants you a limited,
revocable, non-transferable, non-sublicensable, non-exclusive license, under the rights ArchivAll has in the
content on the Site, to privately display and perform the Site on your computer for your own personal,
noncommercial purposes. ArchivAll reserves all other rights in the content on the Site, on its own behalf and the
behalf of its licensors (including contributors), and ArchivAll does not, directly or by implication, by estoppel
or otherwise, grant any other rights or licenses to you under these Terms. Except as expressly stated in this
paragraph, you may not reproduce, distribute, modify, publicly perform or display, or prepare derivative works of
any content on the Site without prior written consent from ArchivAll or the third-party owner of the rights in that
User Generated Content (if any).
9. PRIVACY POLICY
Please see our Privacy Policy. Our Privacy Policy is part of and incorporated into these Terms.
10. TERMINATION OR CANCELLATION
You agree that we may, at any time and at our sole discretion, with or without cause or any notice to you,
terminate these Terms, your access to the Site, and/or your Account, or suspend or block your access to the Site.
If applicable law requires us to provide notice of termination or cancellation, we may give prior or subsequent
notice by posting it on the Site or by sending a communication to any address (email or otherwise) that we have for
you in our records. You will still be liable for any breaches of these Terms and/or obligations incurred before the
Terms end. If you use the Site after termination of these Terms, that use will constitute your agreement to the
Terms then posted on the Site. If your Account or access to the Site is terminated for any or no reason, you may no
longer have access to the User Generated Content you posted on the Site. In such event, ArchivAll may continue to
exploit electronic or printed materials it has created, or developed specific plans to create, that contain such
User Generated Content according to the terms contained in Section 5 with respect to removal or modification of
User Generated Content previously posted on the Site. The provisions entitled "Posting User Generated Content on
the Site; Representations and Warranties," "Ownership of Rights for User Generated Content; License Rights,"
"Prohibited Conduct; Liquidated Damages," "Termination or Cancellation," "Indemnification," "Disclaimer of
Warranties," "Exclusion of Damages; Limitation of Liability," "Copyright Infringement," "Additional Terms," the
Notices regarding the availability of filtering software, 'No Harvesting or Dictionary Attacks Allowed',
trademarks, and copyright ownership, and the Privacy Policy will survive termination of these Terms.
11. DEALINGS WITH MERCHANTS; LINKS
The Site contains advertisements, offers, or other links to other websites and resources of third parties that we
do not control. That information, as well as advertisements, may or may not be or remain wholly accurate. You
acknowledge and agree that ArchivAll is not responsible or liable for (i) the availability or accuracy of such
sites or resources; or (ii) the content, advertising, or products or services on or available from such sites or
resources. The inclusion of any link on the Site does not imply that we endorse the linked site. You use the links
at your own risk. ArchivAll's Privacy Policy is applicable only when you are on our Site. Once you choose to link
to another website, you should read and understand that website's privacy statement before disclosing any personal
information. Your correspondence or business dealings with, or participation in promotions of, third party
merchants or advertisers that are found on or through the Site or which provide links on the Site, including, for
example, "click to purchase" and other similar programs, including payment and delivery of related goods or
services, and any other terms, conditions, warranties or representations associated with such dealings, are solely
between you and such merchant or advertiser. You waive any claim against ArchivAll and agree to hold ArchivAll
harmless from any loss or damage of any kind incurred as the result of any such dealings or as the result of the
presence of such merchants or advertisers on the Site.
12. INDEMNIFICATION
As a condition of your access to and use of the Site, you agree to hold ArchivAll and databankdecision and their
subsidiaries, affiliates, officers, directors, employees, agents, attorneys, and suppliers, and each of their
respective successors and assigns, harmless from, and indemnify them for, all damages, costs, expenses and other
liabilities, including but not limited to attorneys' fees and expenses, relating to any claim arising out of or
related to:
(i) your access to and use of the Site and the content therein;
(ii) your violation of these Terms (including terms incorporated into them, e.g., the Privacy Policy and Supplemental
Terms), and any applicable law or the rights of another person or party;
(iii) any dispute you have or claim to have with one or more users of the Site;
(iv) ArchivAll's resolution (if any) of any dispute you have or claim to have with one or more users of the Site;
(v) your improper authorization for ArchivAll to collect, use or disclose any data or User Generated Content provided
by you; and
(vi) any disclosures made with your permission (including, without limitation, your consent that ArchivAll disclose
your personal information and other information collected as set forth in our Privacy Policy).
Furthermore, you fully understand and agree that: (a) ArchivAll will have the right but not the obligation to
resolve disputes between users relating to the Site and ArchivAll's resolution of a particular dispute does not a
create an obligation to resolve any other dispute; and (b) ArchivAll's resolution of a dispute will be final with
respect to the Site.
13. DISCLAIMER OF WARRANTIES
Since operation and functionality of the Site depend on factors such as the type of hardware, software, or network
you are using, there is a possibility that the Site may not work on your computer, be interrupted or have errors in
its operation, or may interfere or even harm the operation of your computer; ArchivAll does not warrant the
successful operation of the Site on your computer, and we are not liable for any such problems that result from
your use of the Site.
MOREOVER, THE SITE MAY CONTAIN ADVICE, OPINIONS, INSTRUCTIONS AND STATEMENTS FROM ARCHIVALL, ITS USERS AND OTHER
CONTENT AND INFORMATION PROVIDERS. THIS CONTENT IS INTENDED TO BE USED FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES
ONLY. YOU USE THE SITE AND CONTENT AT YOUR OWN RISK. WE STRONGLY URGE YOU TO CONSULT A PROFESSIONAL OR SOME OTHER
AUTHORITY IN THE APPROPRIATE FIELD BEFORE USING ANY OF THE CONTENT. THE SITE IS PROVIDED BY ARCHIVALL ON AN "AS IS"
AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ARCHIVALL MAKES NO REPRESENTATIONS, WARRANTIES OR
CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION OR CONTENT INCLUDED
ON THE SITE. ARCHIVALL MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE,
VIRUS-FREE, SECURE, OR TIMELY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ArchivAll EXPRESSLY DISCLAIMS ALL
REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE
IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE,
NON-INFRINGEMENT AND THOSE ARISING FROM A COURSE OF DEALING, TRADE, USAGE OR PERFORMANCE. SOME JURISDICTIONS DO NOT
ALLOW LIMITATIONS ON IMPLIED WARRANTIES, AND THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. WE URGE
YOU TO KEEP BACKUP COPIES OF CONTENT AND OTHER MATERIAL, IF ANY, THAT YOU MAINTAIN ON OR USE WITH THE SITE. IF YOUR
USE OF THE SITE RESULTS IN THE NEED FOR SERVICING OR REPLACING PROPERTY, MATERIAL, EQUIPMENT OR DATA, WE ARE NOT
RESPONSIBLE FOR ANY RESULTING COSTS OR DAMAGES.
Without limiting any of the foregoing, ArchivAll makes the following specific disclaimers for the following
categories of information:
INVESTMENT & FINANCIAL INFORMATION: The content located on the Site should not be interpreted as financial or
investment advice nor should it be interpreted as creating any kind of investment advisor or financial advisor
relationship. You should NOT rely upon the financial and investment information or opinions provided herein and you
should conduct your own independent research and consult with your personal investment advisor before making an
investment or financial decision. You are solely responsible for any investment and financial decisions, omissions
or actions you take. Neither ArchivAll, its parent, its affiliates, nor any of their respective agents, employees,
information providers or content providers shall have any liability for your financial/investment decisions based
upon, or the results obtained from, the content on the Site.
MEDICAL & HEALTH INFORMATION: The content located on the Site should not be interpreted as medical or health
advice. The content should not be used to diagnose, treat or cure any medical or health condition nor should it be
interpreted as creating any kind of doctor-patient or health/medical advisor relationship. You should NOT rely upon
the medical, health, dietary, nutritional or other professional information or opinions provided and you should
always speak to your personal health care provider before beginning, changing or stopping any medication or any
treatment for a health problem. You are solely responsible for any decisions, omissions or actions you take based
on choosing to seek or not to seek professional medical care, or choosing or not choosing specific treatments.
Neither ArchivAll, its parent, its affiliates, nor any of their respective agents, employees, information providers
or content providers shall have any liability for your medical, health, dietary or nutritional decisions based
upon, or the results obtained from, the content on the Site.
LEGAL INFORMATION: The content located on the Site should not be interpreted as legal advice nor should it be
interpreted as creating any kind of attorney-client or legal advisor relationship. You should NOT rely upon the
legal information or opinions provided and you should consult with your personal legal advisor; this Site is not a
substitute for an in-person consultation with an attorney, as the applicability of the legal principles discussed
at this Website may differ substantially in individual situations or in different states or countries. You are
solely responsible for any legal decisions or actions you take or omissions you commit. Neither ArchivAll, its
parent, its affiliates, nor any of their respective agents, employees, information providers or content providers
shall have any liability for your legal decisions based upon, or the results obtained from, the content on the
Site.
14. EXCLUSION OF DAMAGES; LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT NEITHER ARCHIVALL NOR DATABANKDECISION NOR THEIR
SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS AND SUPPLIERS, NOR EACH OF THEIR
RESPECTIVE SUCCESSORS AND ASSIGNS, WILL BE LIABLE TO YOU AND/OR ANY OTHER PERSON FOR DIRECT, INDIRECT, INCIDENTAL,
PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOSS OF PRIVACY,
LOSS OF GOODWILL OR ANY OTHER LOSSES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF
FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL
THE AGGREGATE LIABILITY TO YOU OF ARCHIVALL AND DEMAND MEDIA, AND THEIR SUBSIDIARIES, AFFILIATES, OFFICERS,
DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, AND SUPPLIERS AND EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS EXCEED,
IN TOTAL, THE AMOUNTS PAID BY YOU TO US.
15. COPYRIGHT INFRINGEMENT
ArchivAll respects the intellectual property rights of others and requests that the people who use the Site do the
same. If you believe that your work has been reproduced and is accessible on the Site in a way that constitutes
copyright infringement, you may notify us by providing our copyright agent with the following information in
writing:1.the electronic or physical signature of the owner of the copyright or the person authorized to act on the
owner's behalf;2.identification of the copyrighted work that you claim has been infringed;3.identification of the
material that is claimed to be infringing and information reasonably sufficient to permit ArchivAll to locate the
material (for example, by providing a URL to the material);4.your name, address, telephone number, and email
address;5.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; and6.a statement that the information in your notification is accurate and
a statement, made under penalty of perjury, that you are the copyright owner or are authorized to act on the
copyright owner's behalf. Our designated agent to receive notification of claimed infringement can be reached at:
Technological micro Data
1300 663 554 (within Australia)
+61394277999 (international number)
support@tmdaust.com
It is our policy to terminate in appropriate circumstances any Account for repeated infringement of intellectual
property rights, including copyrights, and we also reserve the right to terminate an Account for even one instance
of infringement.
16. CUSTOMER SUPPORT
You acknowledge that we have no obligation to provide you with customer support of any kind. However, we may
provide you with customer support from time to time, at our sole discretion, provided that you have created an
Account and that you submit your customer support inquiries using such Account.
17. NOTICES AND CONTACT INFORMATION
Except as otherwise provided in these Terms, ArchivAll will give you any notices by posting them on the Site. You
authorize ArchivAll to send notices (including without limitation notice of subpoenas or other legal process, if
any) via electronic mail as well if ArchivAll decides, in its sole discretion, to do so. Since notice of any
material change to the Terms will be posted to the Site for at least 30 days, we encourage you to visit the Site at
least that often. You agree to check the Site for notices, and that you will be considered to have received a
notice when it is made available to you by posting on the Site. ArchivAll may provide notice to any e-mail or other
address that you provide during registration. You agree to keep your address current and that notice provided by
ArchivAll to the address that you have most recently provided will constitute effective notice. We receive many
emails and not all of our employees are trained to deal with every kind of communication. Therefore, with the
exception of notices related to copyright infringement and removal of licensed material described in Sections 17
and 5 above, respectively, you agree to send us any notice by mailing it to our address for Legal Notices which is:
38-42 Cremorne St, Richmond 3121, Victoria, Australia
18. ADDITIONAL TERMS
- Agreement to Conduct Transactions Electronically. You agree that all of your transactions with or through the
Site may, at our option, be conducted electronically from start to finish. If we decide to proceed
non-electronically, those services will still be governed by the remainder of these Terms unless you enter into
different terms on a form provided by us. If the law allows you to withdraw this consent or if we are ever
required to deal with you non-electronically, we reserve the right to charge or increase fees and you agree to
print or make an electronic copy of the Terms and any other contract or disclosure that we are required to
provide to you.
- Compliance with Laws. You are responsible for compliance with applicable local laws, keeping in mind that access
to the Site by certain persons or in certain countries may not be legal.
- No Agency; No Third Party Beneficiary. No agency, partnership, joint venture, employee-employer or
franchisor-franchisee relationship is intended or created by these Terms. Neither of us intends that any third
party will be a beneficiary of or entitled to rely on any part of these Terms.
- Severance. If any part of the Terms is held by a court of competent jurisdiction to be invalid or unenforceable,
the invalid or unenforceable part will be given effect to the greatest extent possible and the remainder will
remain in full force and effect, provided that the allocation of risks described herein is given effect to the
fullest extent possible.
- No Assignment. These Terms (including terms incorporated into them, e.g., the Privacy Policy and Supplemental
Terms) are personal to you and you may not transfer, assign or delegate them to anyone without the express
written permission of ArchivAll. Any attempt by you to assign, transfer or delegate these Terms without the
express written permission of ArchivAll will be null and void. ArchivAll shall have the right to transfer,
assign and/or delegate these Terms to one or more third parties without your permission.
- Limitations on Actions. Any action concerning any dispute you may have with respect to this Site must be
commenced within one year after the cause of the dispute arises, or the cause of action is barred.
- Paragraph Headings. The paragraph headings in these Terms are included to help make these Terms easier to read
and have no binding effect.
- Entire Agreement. These Terms (including terms incorporated into them, e.g., the Privacy Policy and Supplemental
Terms) comprise the entire agreement (the "Entire Agreement") between you and ArchivAll with respect to the use
of the Site and supersedes all contemporaneous and prior agreements between the parties regarding the subject
matter contained herein, and neither party has relied on any representations made by the other that are not
expressly set forth in the Entire Agreement.
- No Waiver. The failure of ArchivAll to exercise or enforce any right or provision of these Terms, including any
failure to act with respect to a breach, will not constitute a waiver of such right or provision or ArchivAll's
right to act with respect to subsequent or similar breaches. We suggest that you print out a copy of these Terms
for your records.
NOTICE: NO HARVESTING OR DICTIONARY ATTACKS ALLOWED ARCHIVALL WILL NOT GIVE, SELL, OR OTHERWISE TRANSFER ADDRESSES
MAINTAINED BY ARCHIVALL TO ANY OTHER PARTY FOR THE PURPOSES OF INITIATING, OR ENABLING OTHERS TO INITIATE,
ELECTRONIC MAIL MESSAGES EXCEPT AS AUTHORIZED BY APPROPRIATE ARCHIVALL PERSONNEL OR POLICIES. EXCEPT FOR PARTIES
AUTHORIZED TO HAVE ADDRESSES MAINTAINED BY ARCHIVALL, PERSONS MAY VIOLATE FEDERAL LAW IF THEY: (1) INITIATE THE
TRANSMISSION TO ARCHIVALL COMPUTERS OR DEVICES OF A COMMERCIAL ELECTRONIC MAIL MESSAGE (AS DEFINED IN THE U.S.
"CAN-SPAM ACT OF 2003") THAT DOES NOT MEET THE MESSAGE TRANSMISSION REQUIREMENTS OF THAT ACT; OR (2) ASSIST IN THE
ORIGINATION OF SUCH MESSAGES THROUGH THE PROVISION OR SELECTION OF ADDRESSES TO WHICH THE MESSAGES WILL BE
TRANSMITTED.
NOTICE RE TRADEMARKS The trademarks ArchivAll, databankdecision, TmD and all other trademarks listed below or used
in the Site are owned or used under license by ArchivAll and its affiliated organizations. The names of third
parties and their products mentioned may be their trademarks. you may not use any of the above or other trademarks
displayed on this Site or in any Site content. All rights are reserved.
NOTICE RE COPYRIGHT OWNERSHIP: © 2014 databankdecision. All rights reserved. All content on the Site is subject to
intellectual property rights, contractual or other protection. The intellectual property rights are owned by us or
our licensors. No content may be copied, distributed, republished, uploaded, posted or transmitted in any way
except as provided expressly in the Terms or with our prior express written consent. Modification or use of the
materials for any other purpose may violate intellectual property rights.