TERMS OF SERVICE

By using this web site, you agree to be bound by all of the terms of this Copyright Policy and you are entering into a contract with us. The terms of that contract are the terms in this Copyright Policy. The Web site is currently free to all users. Civil War Fact Check reserves the right to change the terms of this Copyright Policy at any time, by posting the revised terms here. By continuing to use the Web site after changes to the Copyright Policy are posted, you are agreeing to the revised terms in the Copyright Policy.

Copyright and Use of Our Articles:

Original Civil War Fact Check articles may be reprinted or distributed, without charge, and in any media. We ask that the editorial integrity of the article be preserved. We prefer that you copy and distribute the entire, original work without editing, but you may distribute an excerpt. If you distribute an excerpt, you should not edit the original in such a way as to alter the message or otherwise misrepresent the facts or opinions expressed. We also ask that credit be given to the author and to Civil War Fact Check, and that we be notified of the re-publication or distribution. In addition, when any article (including Civil War Fact Check items and other original material) or excerpt thereof is posted electronically, a hyperlink to Civil War Fact Check should be prominently displayed at the beginning of the republished work. You will be able to identify original Civil War Fact Check material by its byline and/or the copyright notice. However, if you are unsure if any item or content was originally published on Civil War Fact Check, you can send us an e-mail.

Copyright and Use of Materials from Others:

 Civil War Fact Check respects the copyright of others. By using this site, you agree to do so as well. Civil War Fact Check cannot grant permission for you to copy, distribute, display or use any material appearing on this site, or material to which we link, that is owned or copyrighted by others, including video or audio clips, documents, articles, advertisements, photographs or images. Only the person holding that copyright can grant permission. If you are unsure if material is an original Civil War Fact Check article, or may be owned by a third person, you can send an e-mail. If you believe in good faith that your copyrighted work has been reproduced on our own site without authorization in a way that might constitute a copyright infringement, you may notify us by email. We will investigate the matter promptly.

Copyright Disclaimer Under Section 107 of the Copyright Act 1976, allowance is made for “fair user” for purposes such as criticism, comment, news reporting, teaching, scholarship, and research. Fair use is a use permitted by copyright statute that might otherwise be infringing. Non-profit, educational or personal use tips the balance in favor of favor use.

Linking:

Civil War Fact Check publishes links to web sites maintained by third parties on an as-is basis and without warranties either express or implied. The existence of these links does not mean Civil War Fact Check approves or endorses the content on these Web pages to which we link. If you wish to obtain, copy, distribute, display or use material from a third-party site, you should contact that site’s Webmaster directly. If you discover a link on Civil War Fact Check that is no longer valid, please notify by email and we will attempt to update the link.

Miscellaneous Terms: 

You agree not to use Civil War Fact Check for any unlawful purpose. Civil War Fact Check or any person associated or employed or acting as a volunteer with Civil War Fact Check shall not be liable to you or any third person for any damages resulting from or arising from Civil War Fact Check, other than direct damages. You agree to indemnify and hold harmless Civil War Fact Check, its directors, officers, employees and volunteers, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from your violation of any term of this Agreement. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide us with such cooperation as is reasonably requested by us. This web site is not intended for use by children under 13 years old. If any term of this Copyright Policy is found to be unenforceable in whole or in part by a court of competent jurisdiction, such term shall be deemed severed, and the remainder of the terms in this Copyright Policy shall be enforced to the fullest extent permissible by law. THE WEB SITE AND ITS CONTENT ARE PROVIDED AS IS, OR IMPLIED WARRANTIES IN CONNECTION WITH THE WEB SITE AND ITS CONTENT, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON INFRINGEMENT. This Copyright Policy is the final and entire agreement between us, and no different or additional terms, whether in writing or orally communicated, shall be deemed to amend or be part of this Copyright Policy.

Indemnification:

To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless Civil War Fact Check, and our respective past, present and future employees, officers, directors, contractors, consultants, equity-holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the “Civil War Fact Check Parties”), from and against all actual or alleged Civil War Fact Check Party or third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or un-matured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Sites or Content, (b) any User Content you create, post, share or store on or through the Sites or our pages or feeds on third party social media platforms, (c) any Feedback you provide, (d) your violation of these Terms, (e) your violation of the rights of another, and (f) any third party’s use or misuse of the Sites or Services provided to you. You agree to promptly notify us of any third party Claims and cooperate with the Civil War Fact Check Parties in defending such Claims. You further agree that the Civil War Fact Check Parties shall have control of the defense or settlement of any third party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between us.

Disclaimers:

WE ATTEMPT TO DISPLAY THE CONTENT AND OTHER MATERIALS AND INFORMATION YOU VIEW ON THE SITES AS ACCURATELY AS POSSIBLE. HOWEVER, WE DO NOT GUARANTEE THE ACCURACY OF SUCH MATERIALS AND INFORMATION AND ARE NOT RESPONSIBLE FOR ANY CLAIMS ARISING OR RESULTING FROM YOUR RELIANCE THEREON. IN THE EVENT OF AN ERROR ON OUR SITES, OR IN CONNECTION WITH ANY COMMUNICATIONS MADE THROUGH THE SITES, WE RESERVE THE RIGHT TO CORRECT SUCH ERROR

WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING , WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON INFRINGEMENT AS TO THE SITES AND ALL CONTENT, ANY WARRANTIES THAT ARISE FROM TRADE USAGE OR CUSTOM, AND ANY WARRANTIES THAT THE SITES WILL BE FREE AND CLEAR FROM ANY ADVERSE LIEN OR SECURITY INTERESTS.

We reserve the right to change any and all Content and to modify, suspend or stop providing access to the Sites (or any features or functionality of the Sites) at any time without notice and without obligation or liability to you. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier, vendor or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by us. Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumers, so some or all of the disclaimers in this section may not apply to you.

Limitation of Liability; Release

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE OR ANY OF THE OTHER CIVIL WAR FACT CHECK PARTIES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, INCOME OR PROFITS, LOSS OF USE OR DATA, LOSS OR DIMINUTION IN VALUE OF ASSETS OR SECURITIES, OR DAMAGES FOR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS OR USE OF THE SITES OR CONTENT OR THE ORDER, RECEIPT OR USE OF ANY PRODUCT OR OTHERWISE RELATED TO THESE TERMS (INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM US, OR FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES OR EMAILS, ERRORS, DEFECTS, BUGS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO OUR RECORDS, PROGRAMS OR SYSTEMS), REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED) OR ANY OTHER LEGAL OR EQUITABLE THEORY (EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE).

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY AND THAT OF THE OTHER CIVIL WAR FACT CHECK PARTIES (JOINTLY) ARISING OUT OF OR IN ANY WAY RELATED TO (A) ACCESS OR USE OF THE SITES OR CONTENT OR OF ANY PRODUCTS PURCHASED THROUGH THE SITES, EXCEED $100. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IN THE EVENT YOUR REMEDIES HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE, AND THE FOREGOING SHALL CONSTITUTE OUR AND THE OTHER CIVIL WAR FACT CHECK PARTIES’ SOLE LIABILITY AND OBLIGATION IN RESPECT HEREOF, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU, ON BEHALF OF YOUR HEIRS, EXECUTORS, ADMINISTRATORS, LEGAL AND PERSONAL REPRESENTATIVES, HEREBY RELEASE, WAIVE, ACQUIT AND FOREVER DISCHARGE US AND THE OTHER CIVIL WAR FACT CHECK PARTIES FROM AND AGAINST, AND COVENANT NOT TO SUE ANY SUCH CIVIL WAR FACT CHECK PARTY FOR, ALL CLAIMS YOU HAVE OR MAY HAVE ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE 1542, WHICH STATES “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

BY CONTINUING TO USE CivilWarFactCheck.org, YOU AGREE TO ABIDE BY THESE TERMS OF AGREEMENT, AS THEY MAY BE AMENDED FROM TIME TO TIME.