Terms & Conditions

Welcome to Historvius, your guide to historical sites around the globe and the place where you can share your experiences and knowledge of places of historic interest.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

These Terms of Use set out the legally binding terms with respect to your use of the digital services operated by Historvius Limited ("Historvius", ’’we’’, ’’us’’, ’’our’’), available at www.historvius.com and www.historvius.co.uk and any other URL which may be used by Historvius from time to time (together know as the ’Site’). The term ’’you’’ refers to any user visiting the Site and/or contributing content on the Site.

By accessing and using the Site, you agree to be bound by these Terms of Use, including our Privacy Policy, as well as any other guidelines, rules and additional terms referenced herein, and all such guidelines, terms and rules are hereby incorporated herein by this reference. If you are unwilling to be bound by these Terms of Use, you are not authorised to and should not use this Site.


Changes to the Site

You agree and understand that these Terms of Use and the Site may be modified or added to by Historvius at any time so you should check them regularly. Your continued use of the Site after any modifications indicates your acceptance of the modified Terms of Use. Unless expressly stated otherwise by Historvius, any new features, services, enhancements or modifications to the Site implemented after your initial access to it shall be subject to these Terms of Use.


Rights to Content

Except as otherwise indicated, this Site, and all text, photos, images, video, sounds, information, works of authorship and other content contained herein (’’Site Content’’) is and remains vested in Historvius, with all rights reserved.

Historvius, its logo and all other marks displayed on this Site (the ’’Intellectual Property’’) are registered and/or common law trademarks of Historvius and/or various third parties. Nothing contained on this Site may be construed as granting, by implication, estoppel or otherwise, any license or right to use any Intellectual Property without the prior written permission of Historvius or such other party that may own the Intellectual Property.


Use of the Site

Historvius authorises you to view, download and print Site Content subject to the following conditions: (i) you may only do so for your own personal and non-commercial use; (ii) you may not modify the Site Content; (iii) any displays of Site Content must be marked ’’(c) Historvius All rights reserved.’’; (iv) you may not remove or modify any copyright, trademark, or other proprietary notices that have been placed in the Site Content by Historvius; (v) you may not reproduce, prepare derivative works from, distribute or display Site Content, except as provided herein. Except as expressly permitted above, copying, transmission, reproduction, republication, posting or redistribution of the Site Content or any portion thereof is strictly prohibited without the prior written permission of Historvius. To request permission, you may contact Historvius at info@historvius.com.

You represent and warrant that your use of the Site Content will be consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties, or violate any applicable law. You expressly agree to indemnify Historvius against any liability to any person arising out of your use of Site Content not in accordance with these Terms of Use. You warrant that you are at least 18 years of age and possess the legal authority to enter into this agreement and to use this Site in accordance with all terms and conditions herein.

Users of the Site will not incur any charges for using the Site in accordance with these Terms of Use. However, the Site contains links to third-party websites which are operated and owned by independent service providers or retailers. Such third-parties may charge a fee for use of certain content or services provided on the website. Therefore, you should make whatever investigation you feel is necessary or appropriate before proceeding with any transaction with any third party to determine whether a charge will be incurred. Where Historvius provides details of charges on the Site, such information is provided for convenience and information purposes only. Historvius in no way guarantees that this information is correct nor is it in anyway responsible for content or services provided on such third party websites.
 

WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY

HISTORVIUS MAKES NO REPRESENTATION OF ANY KIND REGARDING THE SUITABILITY OF THE SITE CONTENT, OR ANY PORTION THEREOF INCLUDING BUT NOT RESTRICTED TO ANY USER GENERATED CONTENT, FOR ANY PURPOSE. ALL SITE CONTENT IS PROVIDED ’’AS IS’’ AND TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, HISTORVIUS EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PARTICULAR USE, INCLUDING ALL IMPLIED WARRANTIES. HISTORVIUS ALSO EXPRESSLY DISCLAIMS ANY WARRANTY OR REPRESENTATION AS TO THE ACCURACY OR PROPRIETARY CHARACTER OF THE SITE CONTENT.

NOTHING IN THIS AGREEMENT SHALL EXCLUDE OR LIMIT HISTORVIUS’S LIABILITY FOR (I) DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE; (II) FRAUD; OR (III) WILFUL DEFAULT OR GROSS NEGLIGENCE (IV) ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED UNDER APPLICABLE LAW. SUBJECT TO THE FOREGOING, YOU USE THE SITE AT YOUR OWN RISK AND NEITHER HISTORVIUS NOR THE PARTIES WHO PROVIDE INFORMATION AND MATERIAL FOR PUBLICATION WITHIN THE SITE CONTENT SHALL BE LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT ARISING FROM YOUR USE OF THE SITE AND/OR SITE CONTENT INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGES, OR ANY LOSS OF INCOME, PROFITS, GOODWILL, DATA, CONTRACTS, USE OF MONEY, OR LOSS OR DAMAGES ARISING FROM OR CONNECTED IN ANY WAY TO BUSINESS INTERRUPTION OF ANY TYPE, AND WHETHER IN TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), CONTRACT OR OTHERWISE) IN CONNECTION WITH THE SERVICE OR THIS SITE IN ANY WAY OR IN CONNECTION WITH THE USE, INABILITY TO USE OR THE RESULTS OF USE OF THIS SITE. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL OR INTENTIONAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.


Indemnity

You agree to indemnify and hold Historvius, its subsidiaries and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable legal fees, made by any third party due to or arising out of your (1) breach of these Terms of Use, (2) your User Generated Content, (3) your use of the Site and (4) your violation or breach of any third party rights or any law.


Historic Sites and Travel Destinations

While we hope that Historvius helps its users find interesting historic sites around the world, we are not a travel advisory service and neither recommend nor dissuade travel to any particular destination. We make no representations as to the safety of different travel destinations or the risks involved in visiting different locations around the world, nor do we warrant that travel to any destination is without risk., Historvius is not liable for any loss or damage, nor personal injury and death other than caused by negligence, that may result from travel to any destinations.

We strongly advise you to check with your country’s foreign office or other relevant government body for advice and any travel warnings before considering travelling to any international destination.


Third Party Sites

The Site contains links to third-party websites. The linked sites are not under the control of Historvius, and Historvius is not responsible for the contents of any linked site. Historvius provides these links as a convenience, and a link does not imply endorsement of, sponsorship of or affiliation with the linked site by Historvius. Linked sites are owned and operated by independent retailers or service providers, and therefore, Historvius cannot ensure that you will be satisfied with their products, services or business practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third parties.

All creative commons material is used in conjunction with the stated license at time of upload and all copyright information is detailed alongside content. Should the copyright owner decide to change the licence conditions of such content then Historvius will amend or remove the content as soon as reasonably possible once notified of this change in writing.


Restrictions on use of the Site

The following is a partial list of the kind of usage that is illegal or prohibited on or through the Site. You shall not (and you agree not to allow any third party to):

- modify, adapt, translate, or reverse engineer any portion of the Site;
- use the Site for commercial purposes in any manner;
- remove any copyright, trademark or other proprietary rights notices containd in or on the Site;
- use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Site for reproduction elsewhere without express written permission;
- collect any information about other users or members (including usernames and/or email addresses) for any purpose other than to solicit and share feedback with other Historvius users or members;
- reformat or frame any portion of the web pages that are part of the Site;
- create user accounts by automated means or under false or fraudulent pretenses or impersonate other users;
- create or transmit unwanted electronic communications such as ’’spam’’ to other users or members of the Site or otherwise interfere with other user’s or member’s enjoyment of the Site;
- submit, post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights;
- submit any content or material that falsely states or implies that such content or material is sponsored or endorsed by Historvius;
- submit any content or material that infringes, misappropriates or violates the intellectual property, publicity, privacy or other rights of any party;
- transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature;
- use the Site to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene;
- copy or store any content for other than your own use;
- submit content or materials that are unlawful or promote or encourage illegal activity;
- submit false or misleading information to Historvius;
- take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure;
- use the Site, intentionally or unintentionally, to violate any applicable local, state, national or international law;
- collect or store personal data about other users in connection with the prohibited activities described in this paragraph;
- submit User Generated Content to the Site that is false or intentionally misleading or patently offensive to any other users of the Site, such as content or messages that promote racism, bigotry, hatred or physical harm of any kind against any group or individual;
- submit content to the Site that harasses or advocates harassment of or harm to another person;
- submit content to the Site that involves the transmission of unsolicited mass mailing or ’’spamming’’;
- utilize the Site to promote illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous or is pornographic or sexually explicit in nature; or
- submit content to the Site that seeks or recommends providers of material that exploits people in a sexual or violent manner, or seeks or recommends providers that solicit personal information from anyone.

Historvius reserves the right to amend this list at any time and investigate and take appropriate legal action in its sole discretion against anyone who violates these Terms of Use, including without limitation, removing the offending communication or Site Content from the Site and blocking the user from the Site.

If you are under 18, please obtain the permission of your parent or legal guardian before contributing User Generated Content to this Site. By granting said permission, the parent or legal guardian undertakes to be bound by these Terms of Use on your behalf.


User Generated Site Content

The Site may contain and allow its users to submit images, material and/or post reviews of historical sites and their experiences of them, as well as general postings of images, messages and other communications in bulletin boards or other forums (’’User Generated Content’’). Where Historvius provides such services, you expressly agree to use such services only to send User Generated Content that is appropriate and that relates to the topic of the particular forum.

You agree not to post or distribute any information or material that is copyrighted by any third party without the express written consent of such party, and you agree to indemnify and hold harmless Historvius from any claim arising out of or relating to your violation of this provision.

You agree not to post or distribute any information that that breaches any laws or rights, including by defaming an individual or breaching any intellectual property rights, contains personal information or contains excessively coarse language or content.

Opinions and other statements expressed by users through User Generated Content are theirs alone, not opinions of Historvius. You acknowledge that by providing you with the ability to view and distribute content through the Site, Historvius does not undertake any liability or obligation relating to the content.

Historvius does not assume or undertake any duty to monitor the Site for inappropriate or unlawful content and assumes no responsibility or liability which may arise from the content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation. Notwithstanding the foregoing, Historvius reserves the right to block or remove communications, postings or materials at any time in our sole discretion.



Rights relating to User Generated Content

By posting or distributing User Generated Content on the Site, or by e-mailing User Generated Content to Historvius, you expressly grant Historvius and its affiliates a royalty-free, perpetual, irrevocable license right to such User Generated Content so that Historvius may use such User Generated Content in any way it sees fit, including but not restricted to it being freely used, stored, copied, reproduced, published, licensed, translated and distributed in any medium internationally, whether commercial or otherwise, and in any form including for advertising and promotional purposes by Historvius or by others without your permission. Historvius may adapt, edit or modify User Generated Content for operational and editorial reasons. You expressly grant Historvius permission to do this for use in any media worldwide.

You further accept that you will not be paid for granting Historvius any of the rights contained in these Terms of Use.


Moderation

User Generated Content may be pre-moderated by Historvius and it remains entirely the decision of Historvius as to whether content is suitable. Historvius retains the absolute discretion as to whether to allow User Generated Content to be posted on the Site, may not be challenged on such decisions and is under no obligation whatsoever to explain or justify such decisions.


Registration

By registering for an account with Historvius you agree to be bound by these Terms of Use, including the following:

- Historvius allows only one account per individual;
- You will not register with Historvius if you are under 18 years of age;
- You will not create an account for anyone other than yourself without written permission from Historvius;
- You will not reveal or share your account password with anyone else or let anyone else access your account or do anything that may compromise the security of your account. Furthermore, you agree to accept responsibility for all activities that occur under your account or password. You will inform us immediately if you have any reason to believe that your password has become known to anyone else, or if your password is being, or is likely to be, used in an unauthorised manner;
- You will not transfer your account to anyone else without prior written permission from Historvius;
- You will not provide false registration information or select an account username that infringes third party rights or misleads about your credibility or affiliation. Historvius reserves the right to remove or reclaim an account username if we believe it is appropriate;
- You will keep your account contact information including your e-mail address accurate and up-to-date;
- You will comply with all laws and regulations applicable to your access and use of Historvius and publication of any User Generated Content;
- If we disable your account, you will not duplicate your account or create another account without our express permission.


Notice and Take-Down Policy for illegal content

Historvius operates on a ’’notice and takedown’’ basis. If you have any complaints or objections to material or content including User Generated Content posted on this Site, or if you believe that material or content posted on this Site infringes a copyright that you hold, please contact us immediately by following our notice and takedown procedure. Click here to view the Notice and Takedown Procedure. Once this procedure has been followed Historvius will make all reasonable endeavours to remove illegal content within a reasonable time.


Privacy

Any personal information you post on the Site will be used in accordance with our Privacy Policy. Click here to view our Privacy Policy.


Applicable law and jurisdiction

The Site (excluding links to third-party sites) and these Terms of Use are to be construed in accordance with and governed by the law of England and Wales which shall have exclusive jurisdiction over any disputes.


Site Modifications

Historvius may change, suspend or discontinue any aspect of the Historvius service at any time, including availability of any feature, database or content. Historvius may also impose limits on certain features and services or restrict your access to all or parts of the Site or any other Historvius web site without notice or liability for technical or security reasons, to prevent against unauthorised access, loss of, or destruction of data or where we consider in our sole discretion that you are in breach of any provision of these Terms of Use or of any law or regulation and where it decides to discontinue providing a service.

YOUR CONTINUED USE OF HISTORVIUS NOW OR FOLLOWING THE POSTING OF ANY SUCH NOTICE OF ANY CHANGES WILL INDICATE ACCEPTANCE BY YOU OF SUCH MODIFICATIONS.


Independent Contractor

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Historvius as a result of these Terms of Use or use of this Site.


Assignment

The Terms of Use and any rights and licenses granted hereunder may not be transferred or assigned by you, but may be assigned by Historvius without restriction. Any assignment attempted to be made in violation of this Terms of Use shall be void.


General

If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue in effect.

Historvius will not individually store the specific Terms of Use under to which you signify your agreement to these Terms of Use.

The Site is not updated periodically on a regular basis and consequently is not required to register as editorial product under any relevant law.