Materials, Services and Software
The Service is a content hosting and sharing service that allows Users to submit and view digital reproductions of historical images and content for purposes of enjoyment, education, information and personal curiosity. Through the Service, you may be able to (a) submit and access certain audio and visual articles, text, images, illustrations, photographs, video, stories, documents and other materials (collectively, "Materials"); (b) receive various services operated by Enlighten, such as hosting and sharing on the Service and third party sites, computer and mobile device applications and services, content editors, links to partner providers, APIs, and any other features, content, Enlighten branded URLs or applications offered from time to time by Enlighten in connection with Enlighten's business (collectively, "Services"); and/or (c) use the tools and software on the Service (collectively, "Software"). In these TOU, all references to the "Service" shall be deemed to include all "Software," "Materials" and "Services," unless otherwise expressly indicated.
Posting, Proprietary Rights and Licenses
Enlighten does not claim any ownership rights in the Materials that you post, display or publish (collectively, "post") on or through the Service. Enlighten is not obligated to identify you as the owner or provider of any Materials you post on or through the Service, however, the Service will provide you with functionality to identify yourself as the owner or provider of such Materials. Enlighten shall have no liability related to any inaccuracy or other failure to correctly identify the owner or provider of any Materials. You may request removal of any of your Materials from the Service at any time.
By posting any Materials on or through the Service, you hereby grant to Enlighten and other Users a non-exclusive, fully paid and royalty-free, worldwide, limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate such Materials, including without limitation distributing part or all of the Service in any media formats through any media channels and in any computer or mobile device software. You acknowledge that Enlighten may perform technical functions necessary to offer the Service, including but not limited to transcoding and/or reformatting Materials to allow its use throughout the Service.
You represent and warrant that: (a) you own the Materials posted by you on or through the Service or otherwise have the right to grant the licenses set forth in this Section; (b) the posting and use of your Materials on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person; (c) the Materials posted by you on or through the Service have not been manipulated or altered in any manner so as to distort or misrepresent any individual or thing depicted in such Materials; and (d) the posting of your Materials on the Service does not violate any contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of Materials you post on or through the Service. For clarification, any claim lodged with, or damage resulting to, Enlighten from your breach of this representation and warranty will be covered by your indemnification obligations under these TOU.
Enlighten grants to Users a personal, non-exclusive, non-transferable license to: (a) access, view, download, print, use and display Materials posted on the Service in accordance with these TOU; and (b) use the Service solely for your own personal, informational, non-commercial use. All rights not expressly granted by Enlighten to Users are retained by Enlighten, and Users may not use the Service and/or any element of the Service in any manner or for any purpose not expressly authorized by these TOU. The rights granted to Users do not include, and are not applicable to, the design or layout of the Service, which are protected by trade dress and other laws and may not be copied or imitated in whole or in part.
You shall not: (a) remove or destroy any proprietary rights marks or legends on or in the Service; (b) modify, enhance, adapt, translate, or create derivative works of the Service; (c) republish, post, transmit, transfer, distribute, assign, sublicense, rent, lease or sell the Service; (d) decompile, disassemble or reverse engineer the Service; (e) reproduce or make copies of the Service; (f) "frame" or "mirror" the Service on any other server or Internet-based device; and/or (g) access, view, download, print, use and/or display the Service for any commercial or other money-making purpose. You acknowledge that certain elements of the Service are, or may in the future be, licensed to Enlighten by third parties and that the availability of such elements may cease automatically, without notice or liability on the part of Enlighten.
Enlighten assumes no responsibility for monitoring the Service for inappropriate Materials or conduct. However, Enlighten may choose to monitor such Materials at any time, in its sole discretion. If at any time Enlighten chooses to monitor the Service, Enlighten nonetheless assumes no responsibility for the Materials, no obligation to modify or remove any inappropriate Materials, and no responsibility for the conduct of the User submitting any such Materials.
Although Enlighten will normally only delete Materials that violate these TOU, Enlighten reserves the right to delete any Materials for any reason, without prior notice. Deleted Materials may be stored by Enlighten in order to comply with certain legal obligations and are not retrievable without a valid court order. Consequently, Enlighten encourages you to maintain your own backup of your Materials. Enlighten will not be liable to you for any modification, suspension, or discontinuation of the Service or any component thereof, or the loss of any Materials.
The following is a partial list of the kind of Materials that are illegal or prohibited from being posted on or through the Service. Enlighten reserves the right to investigate and take appropriate legal action against anyone who, in Enlighten's sole discretion, violates this provision, including without limitation, removing the offending Materials from the Service, terminating the Membership of such violators and reporting such violators to law enforcement authorities. Prohibited Materials include, but are not limited to, Materials that, in the sole discretion of Enlighten:
- are patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual (except where that image is of valid historical interest, as determined by Enlighten in its sole discretion);
- harass or advocate harassment of another person;
- exploit people in a sexual or violent manner;
- contain nudity, violence or offensive subject matter or contain a link to an adult website;
- solicit personal information from anyone under 18;
- provide any telephone numbers, street addresses, last names, URLs or email addresses (except where that information is of valid historical interest as determined by Enlighten in its sole discretion, such as the correct street address of a mapped image or a link to explanatory material);
- promote information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- promote an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- involve the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
- contain restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
- further or promote any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; solicit passwords or personal identifying information for commercial or unlawful purposes from other Users;
- involve commercial activities and/or sales without Enlighten's prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; or
- include a photograph of another person that you have posted without that person's consent (except where that image is of valid historical interest, as determined by Enlighten in its sole discretion).
The following is a partial list of the kind of activity that is illegal or prohibited on or in connection with the Service. Enlighten reserves the right to investigate and take appropriate legal action against anyone who, in Enlighten's sole discretion, violates this provision, including without limitation, terminating the Membership of such violators and reporting such violators to law enforcement authorities. Prohibited activity includes, but is not limited to:
- criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
- advertising to, or solicitation of, any Member to buy or sell any products or services through the Service. You may not transmit any chain letters or junk email to other Users. It is also a violation of these TOU to use any information obtained from the Service in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent;
- covering or obscuring the banner advertisements on any Enlighten page via HTML/CSS or any other means;
- any automated use of the Service
- interfering with, disrupting, or creating an undue burden on the Service or the networks or services connected to the Service;
- attempting to impersonate another User or other person;
- using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
- using any information obtained from the Service in order to harass, abuse, or harm another person; or
- using the Service in a manner inconsistent with any and all applicable laws and regulations.
Registration and Passwords
Only Members who have an account with Enlighten may post Materials to the Service. To become a Member, you must complete the registration process by providing Enlighten with current, complete and accurate information as prompted by the registration form. Should Enlighten suspect that such information is untrue, inaccurate, not current or incomplete, Enlighten has the right to suspend or terminate your usage of the Service. Enlighten is entitled to rely on the information you provide and you will be responsible for updating this information to maintain it as current. Your Membership is non-transferable and cannot be shared or used by more than one individual or entity.
Account Information and Data
You, not Enlighten, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness and copyright of all Data and Enlighten shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Data, or for any actions or omissions which Enlighten takes in reliance upon your Data.
Enlighten and/or its licensors own and shall retain all rights, title and interests, including all intellectual property rights, in and to the Service, and all elements thereof, excluding Materials uploaded by Users. Except for the express licenses granted to you herein, you neither have nor acquire any rights, title or interests in or to the Service, or any element thereof.
Marks and Logos
"WhatWasThere.com" and all other names, marks, symbols and logos used in connection with the Service are trademarks of Enlighten or other third parties (the "Marks"). Enlighten grants you no license, permission or authorization to reproduce or use any Marks, whether owned by Enlighten or a third party. You agree not to display, copy, redistribute or use any Marks in any manner for any reason without Enlighten's prior express written consent.
Third Party Sites and Materials
You should be aware that when you are on the Service, you could be directed to other sites that are beyond Enlighten's control. There are links to other sites from these pages that take you outside of Enlighten's Service. This includes links from advertisers, sponsors, and content partners that may use Enlighten's logo(s) as part of a co-branding agreement. These other sites may send their own cookies to Users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive. In addition, advertisers on the Service may send cookies to Users that Enlighten does not control.
In no event shall Enlighten be responsible or liable for any information, content, products, services or other materials on or available from or through third party sites. Enlighten explicitly disclaims any responsibility for the accuracy, content, or availability of information found on such sites that link to or from the Service. Enlighten has not taken any steps to confirm the accuracy or reliability of any of the information contained in such third party sites or content. Enlighten does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against Enlighten with respect to such sites and third party content.
Third Party Transactions
In your use of the Service, you may enter into correspondence with, purchase or sell goods and/or services from or to, or participate in promotions of advertisers or sponsors showing their products and/or services through the Service. Any such activity, and any terms, conditions, warranties or representations associated with such activity, are solely between you and the applicable third party. Enlighten shall have no liability, obligation or responsibility for any such correspondence, transaction, exchange, purchase, sale, promotion or other activity conducted between you and any third party. Because Enlighten is not and cannot be a party in your communications, interactions and/or transactions with any third parties on or through the Service, in the event that you have a dispute with one or more such third parties, you acknowledge that your sole and exclusive remedies are against such third parties.
Your Additional Responsibilities
You are solely responsible for any and all activities that occur under your Membership account including inputting, maintaining, and managing accurate Materials and information and ensuring that you exit or log-off from your account at the end of each session of use. You shall notify Enlighten immediately of any unauthorized use of your password or account or any other breach of security that is known or suspected by you. You shall also use your best efforts to stop immediately any copying or distribution of the Service that is known or suspected by you. Enlighten shall not be responsible for any unauthorized access to, or alteration of, your transmissions or Data, any Materials, information or data sent or received, regardless of whether the data is actually received by Enlighten, or any transactions entered into through the Service or failure to abide by these TOU.
Compliance with Laws
You agree to abide by all applicable local, state, and federal laws, regulations, statutes, rules and ordinances, in connection with your use of the Service.
You shall indemnify, defend and hold Enlighten, its other Users, its licensors and information providers, and each such party's parents, subsidiaries, affiliates, officers, directors, employees, attorneys, and agents, harmless from and against any and all claims, actions, proceedings, costs, damages, losses, liabilities, and expenses (including attorneys' fees and costs) arising out of or in connection with your: (a) access to and/or use of the Service; (b) Submissions, Data and other information provided to Enlighten; (c) breach of these TOU; and/or (c) violation of any applicable law or right of a third party.
DISCLAIMER OF WARRANTIES
YOU ACKNOWLEDGE THAT: THE SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS; THE SITE MAY BECOME INOPERABLE OR OTHERWISE UNAVAILABLE FOR PERIODS OF TIME; MATERIALS AND/OR SERVICES AT THE SITE MAY BE OR BECOME OUT OF DATE AND ENLIGHTEN MAKES NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES. ENLIGHTEN ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION, DOCUMENTS, SOFTWARE, MATERIALS AND/OR SERVICES WHICH ARE REFERENCED BY OR LINKED TO THIS SITE. REFERENCES TO THIRD PARTIES, THEIR SERVICES AND PRODUCTS, ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.
YOUR USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM ENLIGHTEN, OR THROUGH OR FROM THE SITE, SHALL CREATE ANY REPRESENTATION OR WARRANTY BY ENLIGHTEN.
THE SITE IS PROVIDED TO YOU ON AN "AS IS" BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND OR NATURE. WITHOUT LIMITING THE FOREGOING, NEITHER ENLIGHTEN, ITS LICENSORS NOR ANY CONTENT PROVIDERS MAKE ANY REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SITE, OR THAT THE USE OF THE SITE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEMS OR DATA.
ALL OTHER CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY ENLIGHTEN, ITS LICENSORS AND CONTENT PROVIDERS. Some jurisdictions do not allow the exclusion of implied warranties such that the above exclusion may not apply to you. This warranty gives you specific legal rights, and you may also have other rights that vary from jurisdiction to jurisdiction.
LIMITATION OF LIABILITY AND ACTIONS
REGARDLESS OF THE FORM OF ACTION OR THEORY OF RECOVERY, IN NO EVENT SHALL ENLIGHTEN, ITS USERS, LICENSORS OR CONTENT PROVIDERS BE LIABLE OR RESPONSIBLE TO YOU IN CONNECTION WITH THE SITE, OR YOUR USE THEREOF, FOR ANY: (A) INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, EVEN IF THEY ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES; (B) LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOST EXPECTANCY, BUSINESS INTERRUPTIONS AND/OR BENEFIT OF THE BARGAIN DAMAGES; AND/OR (C) DIRECT DAMAGES IN AN AMOUNT GREATER THAN FIFTY DOLLARS ($50.00 USD). ANY CLAIM RELATED TO THE SITE MUST BE INITIATED WITHIN ONE (1) YEAR OF THE DATE YOU KNEW, OR REASONABLY SHOULD HAVE KNOWN, OF THE EXISTENCE OF SUCH CLAIM AGAINST ENLIGHTEN.
Enlighten controls and operates the Service from its location(s) in the United States of America. Enlighten makes no representation that the Service is appropriate or available for use in other locations. Those who choose to access the Service do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You are expressly prohibited from using or accessing the Service from any location in which the Service and/or any Software, Materials and/or Services would violate any law within of that jurisdiction. Any diversion of the Software, Materials and/or Services contrary to United States law is prohibited.
Software from the Service may further be subject to United States export controls. No Software from the Service may be downloaded or otherwise exported or re-exported: (a) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
Term and Termination
These TOU, and your right to access and use the Service, are effective until terminated by either you or Enlighten. You may terminate these TOU at any time by discontinuing use of the Service and destroying all materials obtained from or through the Service, and all related documentation and all copies and installations thereof, whether made under these TOU or otherwise. Notwithstanding the foregoing, if you subscribe to a Service, Enlighten may only terminate these TOU and your access to and use of the Service if you fail to timely pay Enlighten for the Service and/or you breach these TOU or the terms applicable to the Service.
These TOU, and your access to and/or use of the Service, may be terminated by Enlighten immediately without notice to you if, in Enlighten's sole discretion, you fail to comply with any term or provision of these TOU. Upon termination, you must destroy all materials obtained from or through the Service, and all related documentation and all copies and installations thereof, whether made under these TOU or otherwise.
Subject to the terms of these TOU, all provisions of these TOU relating to ownership, limitations of liability, confidentiality, indemnification and other provisions which by their nature survive termination of these TOU shall survive termination of these TOU.
Michigan Law and Jurisdiction
In order to ensure consistency in the interpretation and enforcement of these TOU and Enlighten's rights in the Service, these TOU will be governed exclusively by Michigan law and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. You expressly agree that any litigation arising between you and Enlighten related, in any way, to the Service and/or these TOU, and/or any and all disputes, actions, claims, or causes of action related thereto, shall be initiated and maintained only in the U.S. District Court for the Eastern District of Michigan, Southern Division, and/or the Circuit Court of the County of Washtenaw, Michigan. You expressly consent and irrevocably submit to the exclusive personal jurisdiction and venue of such courts.
Notice and Procedure for Making Claims of Copyright Infringement
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement must be submitted to the following Enlighten Designated Agent:
Enlighten Ventures, LLC.
3027 Miller Road
Ann Arbor, MI 48103
To be effective, the notification must be a written communication that includes the following.
- A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Enlighten may give notice to Users by means of a general notice on this Service, electronic mail to a User's e-mail address on Enlighten's records, or by written communication sent by first-class mail to a User's address on Enlighten's records.
If any provision of these TOU is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be modified to the extent necessary to be valid and enforceable, and all other provisions of these TOU shall remain in full force and effect. The failure of Enlighten to enforce any right or provision in these TOU shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Enlighten in writing. No waiver shall be implied from a failure of either party to exercise a right or remedy. In addition, no waiver of a party's right or remedy will affect the other provisions of these TOU. The relationship between you and Enlighten is that of independent contract. No joint venture, partnership, employment, or agency relationship exists between you and Enlighten as a result of these TOU or your access to the Service. Neither party has the authority to create any obligations for the other, or to bind the other to any representation, statement or document.