Terms of Use

 Circus Historical Society

Terms OF SERVICE

DATED: 7-17-20

Please read the following prior to your use.

  1. Important Rules and Your Acceptance

Circus Historical Society (also “CHS”, “us”, “we”, or “our”) offers an online resource for all things circus (including resources, publications, memberships, memorabilia, etc.) through its website www.circushistory.org.

The following terms are really important because they form our Terms of Service (“Terms”) and regulate your use of our Services. If you don’t agree with these terms or any other portion of the Terms, please do not use the Services. You also agree:

  1. Use of this website must be for personal, non-commercial use. 
  2. You must be at least 18 years or older to use this website.
  3. You will be careful with the information you disclose on the website and how you engage with other users. If something makes you uncomfortable, or seems suspicious, stop communication and contact us immediately at webmaster@circushistory.org.
  4. All links or guidelines referenced in these Terms are made a part of these Terms.

 

We may, in our sole discretion, take-down, modify or change these Terms without prior notice. You agree to, from time to time, check back here for the most up-to-date version via www.circushistory.org. You are bound by changes as soon as they are posted.

By using a Service, or by clicking to accept or agree to these Terms of Service you agree to be bound by (1) these Terms of Service (2) our Cookies Policy, and (3) our Privacy Policy and (4) our Copyright Policy below.  If you do not agree to any of these terms please do not use the Service. If you have any questions, please contact us at webmaster@circushistory.org.

Definitions:

“Personal Information” means any information that may identify you directly or indirectly. This could be as simple as your name, address, phone number, social media handles, device information or email-address. This could also include information about you that does not individually identify you (such as how you use our Services) or information about your internet connection and the equipment you use to access our Services. When you access our Services using a mobile device, we and/or our business partners may also collect information such as the unique device identifier (“UDID”) of your device, identifier for advertisers (“IDFA”), identifier for vendors (“IDFV”), device type, and other technical information. We may also collect information about the device, such as its hardware model, operating system and version, and motion information. Please note, this list is not exhaustive and more specifics around the information we collect is in our Privacy Policy.

“Service(s)” means any service offered through our Site including, but not limited to, those listed in the first paragraph.

“Site” will mean www.circushistory.org.

“Terms” these Terms of Service.

  1. Service Accounts
  2. Your Account Security. In order to access some features of a Service, you may have to create an account. For security reasons, you may not use an account that does not belong to you or is registered in your name. You may not provide another person with access to our Services using your user name, password or other security information. Notify us immediately if you discover a breach of security or an unauthorized use of your account. As a condition of using our Services, all information must be accurate and complete.
  3. Your Passwords and Login. Do not disclose user names, passwords and any other security information to anyone. If there is unauthorized use of your account, you may be liable for any damages or losses suffered by CHS and its agents or vendors.
  4. Disabling Your Login. We have the right to disable any user name, password or other identifier at any time in our sole discretion. If we disable an identifier (for example, where you are in violation of the Terms) we are not liable for any losses you experience as a result. Make all arrangements to back up your Content on the Site.
  5. Terminating Your Use of the Site or Account . Please note, use of our Services does not give users a continued right to use or have access to such Services. We want everyone to enjoy their experience, and consequently we reserve the right to terminate a user’s access to a Service, including a user’s account, if the user: (1) engages in predatory, bullying or unlawful behavior, (2) violates these Terms, (3) infringes on the intellectual property rights of others, or (4) infringes on the privacy rights of others. This includes the ability to remove a post that we believe is in violation of these Terms.

 

  1. Third Party Links

Our Services may contain links to third party websites that are not under our ownership or control. We are not responsible for the content, privacy policies, or practices of any third party websites and you agree you will not hold CHS Group responsible for any liability arising from your use of a third-party website.

 

  1. Reliance on Information Posted and No Professional Advice

we do not warrant the accuracy or completeness of information on the SITE. You rely on information obtained on or from the SITE at your own risk. All statements and/or opinions expressed in third party materials are the opinions, and THE responsibility, of the person or entity providing them. We are not liable to you or anyONE ELSE for the content or accuracy of materials provided by third parties.

 

  1. Your Use of the Service—Permissions and Restrictions

You have our permission to use Services as outlined in these Terms provided that:

  1. You agree not to alter or modify any part of a Service or any copyright, trademark or other proprietary notices appearing in a Service.
  2. You agree not to use, or launch, an automated system 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. This includes, but isn’t limited to, “robots,” “spiders,” or “offline readers.”
  3. You agree not to collect or harvest any personally identifiable information from the Service (e.g., account names from comments or email) or to use a Service’s Content and communication systems for solicitation purposes.
  4. You don’t introduce viruses, trojan horses, worms, logic bombs or other material that is malicious or technologically harmful. And you do not attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of this Site, the server on which the Site is stored, or any server, computer or database connected to the Site.
  5. You do not engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of our Services, or which, as determined by us, may harm us or users of our Services.
  6. Your use of a Service complies with all applicable federal, state and local or international laws at all times (including, but not limited to, laws covering the use or export of data outside of the United State or other countries.)

 

  1. Content We Provide On the Site

“Content” includes the text, software, scripts, artwork, magazines, periodicals, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to a Service.

Please note, we do not own all of the Content on our Site. This includes, but is not limited to, the Bandwagon publications. Third party Content is subject to international, federal, state and local law that requires permission from the owner and the appropriate licenses before using.

We do not endorse any Content submitted to the Service by any user or other licensor, and expressly disclaim, any and all liability in connection with recommendations, suggestions, insights or advice expressed in Content found on or through our Services. We also reserve all rights not expressly granted in and to a Service or Content.

  1. Your Use of Content On the Site

If you are using, or will encounter, Content on the Site you agree:

  1. Content is provided to you AS IS and your use of Content is at your sole risk and expense. CHS Group is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content.
  2. You access Content for informational and personal use. Outside of personal viewing, you may not copy, reproduce, distribute (digital or print), transmit, broadcast, display, sell, license, or otherwise use Content without our prior written consent and the written consent of the user supplying the Content.
  3. CHS does not own third party Content on the Site. Users must contact the owner of the Content for permission to use any photos, videos, writing or compilation of the three. CHS cannot grant permission, or licenses, to use Content owned by third parties on its Site.
  4. You may not circumvent, disable or otherwise interfere with security-related features of a Service, including features that restrict use or copying of Content or enforce limitations on use of a Service or its Content.
  5. You may be exposed to Content that is inaccurate, offensive, indecent, or objectionable. Where this happens, report the activity to us immediately. Our contact information appears at the end of these Terms. Because we cannot possibly monitor every account at all times, you agree to waive, and hereby do waive, any legal rights or remedies you have or may have against CHS Group with respect to such content.
  6. Use of Content is subject to our Copyright Policy

 

  1. Your Content and Intellectual Property Rights

You are responsible for Content you post, submit, or license to CHS for posting along with any consequences that accompany submitting, licensing, or posting Content. You represent and warrant (promise) you own all rights and permissions to Content you post, or grant us permission to post, and if you do not own these rights that you’ve obtained them from the legal owner.

Those posting or submitting Content maintain all intellectual property rights in the Content, to the extent you lawfully own the intellectual property rights. However, you hereby give CHS Group a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, modify, or prepare new or modified versions of your Content, as well as display and perform your Content in connection with this Site and/or CHS’s business. You also grant each user of the Service a non-exclusive license to access your Content. These licenses may be further expanded or restricted by a separately executed license agreement.

The licenses above allow us to do things like promote the Site and its Services, repurpose part or all of the Service in other media formats and carry out business in a way that allows users to benefit from being a part of our Site. However, you may revoke the rights granted above at any time in a writing sent to us at webmaster@circushistory.org, by deleting your account or as otherwise outlined if there is a separately executed license agreement. Do keep in mind, though your Content may be removed from our Services we can’t guarantee Content will be removed from the Internet.

Note, we may disclose information about you to a third party who claims Content you post violates their rights, intellectual property rights or privacy rights. We may also take legal action, which could include referring you to law enforcement, for any illegal or unauthorized use of the Site. You understand we fully cooperate with law enforcement authorities or court orders requesting or directing us to disclose the identity or other information of anyone posting materials on or through our Services. More can be found in our Copyright Policy below.

  1. Posting Guidelines

If you post Content, you agree not to post Content that:

    1. is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable, promotes sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age,
    2. infringes any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person or any other legal rights of others,
    3. contains material that could give rise to any civil or criminal liability or that otherwise conflicts with these Terms or our Privacy Policy,
    4. violates applicable local, national, or international laws and regulations,
    5. involves (or includes a link to) commercial activities or sales, such as contests, sweepstakes or other sales promotions, barter or advertising, or
  1. Your Feedback

If, without a request from us, you send creative ideas or suggestions online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree we may, without restriction, edit, copy, publish, distribute, translate and otherwise use these comments in any medium. We are under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

 

  1. Trademarks and Third Party Intellectual Property

CHS and all related names, logos, service names, designs and slogans are trademarks of CHS or its affiliates or licensors. You may not use these marks without our written permission. All other names, logos, service names, designs and slogans on this Site are the trademarks of their respective owners. This Site and its features, functionality (Content, trademarks, service marks and logos) are owned by, or if not owned licensed to, CHS and are subject to copyright, trademark, patent, trade-secret and other intellectual property or proprietary rights under the law. You may only use these as directed, to the extent directed. If you have any questions, please contact us. More can be found in the Copyright Policy below or Your Use of Content On the Site above.

 

  1. Placing an Order On the Site

All descriptions, images, references, content, specifications, products, and prices posted on the Site are subject to change at any time, without notice. Weights, measures, and other descriptions are approximate and for convenience only. We have made every effort to display colors and images of products as accurately as possible but cannot guarantee your monitor’s display will be accurate. Because supply and demand changes daily, we also cannot guarantee all products or services shown will be available.

Payment: Payment may be made by credit, debit or PayPal. In the event we suspend or terminate your account because of a breach, you will not receive a refund or exchange, including for any unused content associated with your account.

Payment Dispute: All information you provide in connection with a purchase must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit or debit card, at the prices in effect when charges are incurred. If you dispute a payment, you must notify us in writing within thirty (30) days of making the payment. Failure to notify us within this time period, or in writing, will result in a waiver of any claim relating to the disputed payment. Once evaluated, if CHS agrees with the dispute it will refund up to the amount paid for the Service.

Shipping and Delivery: We make best efforts to ship as soon as commercially practical after payment is received. However, this is subject to change at any time without notice or liability. We will not issue refunds due to unforeseen delays. Currently, we deliver to 48 states (excluding Hawaii, Alaska and any U.S. territories) within the United States.

Title and Risk of Loss: All products are transported and delivered to you by an independent carrier not affiliated with, or controlled by, CHS. Consequently, all damage, losses and risk pass to you once CHS or its agent (for example our supplier) delivers these items to the carrier. Title to products passes to you when full payment (including any shipping and handling charges) has been made.

Other Applicable Fees: The buyer is also responsible for paying taxes, bank fees, credit card fees, rates, shipping duty or customs clearing expenses.

 

Taxes:

Your total price will include the price of the product or service plus any applicable sales tax, state and/or local sales tax based on the shipping address and the sales tax rate in effect at the time. We will charge tax only in states where the goods sold over the internet are taxable.

 

Refunds:

We will not issue refunds, or make exchanges, for product(s) once we or our agents (i.e. suppliers) deliver them to a carrier unless product is missing. In the case of missing products, contact us through email within thirty (30) days from the date of receiving the order. Where there is a lost box contact us within thirty (30) days from the ship date by email. Any complaints received after the timelines given above will not be eligible for a refund or replacement. In the case of either, all resolutions will be decided in our sole (but reasonable) discretion and considered final.

 

Fraud Protection:

We may screen purchases for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If we suspect fraudulent, unauthorized or illegal activity, we may reject the order or we may contact you at the phone number or email address you provided to confirm. We also reserve the right to cancel any accounts due to suspected fraud or unauthorized or illegal activity.

 

  1. Warranty Disclaimer

YOU AGREE YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT THE LAW ALLOWS, CHS GROUP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE OF THE SERVICES. CHS GROUP ASSUMES NO LIABILITY FOR (I) ERRORS, OMISSIONS, MISTAKES, OR CONTENT INACCURACIES, (II) PERSONAL INJURY OR PROPERTY DAMAGE  RESULTING FROM YOUR USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AS WELL AS  ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED ON THEM, (IV) ANY INTERRUPTION OF OUR SERVICES, OR (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY.

 

  1. Limitation of Liability

IN NO EVENT WILL CHS GROUP BE LIABLE TO YOU FOR DAMAGES (THIS INCLUDES DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES) RESULTING FROM (I) ERRORS, MISTAKES, OR CONTENT INACCURACIES, (II) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM USE OF SERVICES, (III) UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AS WELL AS ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OF OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS, OMISSIONS, INACCURACIES OR MISTAKES IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND THAT RESULTS FROM YOUR USE OF ANY CONTENT MADE AVAILABLE VIA THE SERVICES.

 

THIS LIMITATION APPLIES WHETHER OR NOT A CLAIM IS BASED ON A THEORY OF WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT WE ARE AWARE SUCH DAMAGES ARE POSSIBLE. HOWEVER, THIS  LIMITATION APPLIES ONLY TO THE EXTENT ALLOWED BY LAW. ANY CAUSE OF ACTION OR CLAIM THAT YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, THE CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

 

  1. Indemnity

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless CHS its affiliates, and each of its or their directors, employees, licensors, licensees, service providers, successors, permitted assignees and agents (individually and collectively “CHS Group”)  from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising or resulting from: (i) your use of and access to a Service; (ii) your violation of these Terms; (iii) your violation of any third party right, including without limitation any intellectual property right or privacy right; or (iv) any claim that your Content caused damage to a third party. To be clear, this obligation to indemnify, defend and hold CHS Group harmless will survive these Terms and your use of the applicable Service(s).

 

  1. General

You agree: These Terms are governed by the laws of the State of Ohio, without respect to its conflict of laws principles. Any claim or dispute between you and us that arises (in whole or in part) from a Service will be decided exclusively by a court of competent jurisdiction located in Ohio and you hereby waive the ability to assert otherwise. These Terms, together with the Privacy Policy and any sites or guidelines referenced here, or other legal notices published by CHS on a Service, constitute the entire agreement between you and CHS concerning a Service. If any provision in these Terms is deemed invalid by a court of competent jurisdiction, its invalidity will not affect the validity of the remaining provisions, which remain in full force and effect. 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. Any attempt by you to assign that we do not consent to will be considered null and void. No waiver by CHS of any term or condition set forth in these Terms shall be considered a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of CHS to assert a right or provision under these Terms does not constitute a waiver of such right or provision that precludes us from enforcing at a later date.

 

17. Changing Terms of Service

We may, in our sole discretion, modify or revise these Terms and policies at any time, and you agree to be bound by these changes as soon as they are posted. From time to time you should review our most up-to-date version of Terms via the appropriate link. To be clear, these Terms apply to all versions of a Service, unless otherwise stated by us in writing. Any links referenced in these Terms are hereby incorporated and made a part of these Terms.

 

18. Notice for California Users

If you are a California resident, you can request information regarding the disclosure of your personal information by CHS to third parties for the third parties’ direct marketing purposes. To make such a request, please send an email to webmaster@circushistory.org. Under California Civil Code Section 1789.3, California Website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.

Any feedback, comments, requests for technical support, and other communications should be directed to our customer service through webmaster@circushistory.org.