Terms of Use

Terms of Use Effective June 1, 2022

​

Welcome to the Website AmericasHistories.com and the Website BroadcastTheNationalAnthem.com (“AH/BNA”).  America's Histories, Inc. is a for profit corporation and contributions to it are NOT tax deductible as charitable donations.  The following terms and conditions of use govern all use of the Website, all related applications, and all content, services, and products available at or through the Website AmericasHistories.com and the Website BroadcastTheNationalAnthem.com (collectively, the “Website”). The Website is owned and operated by AH/BNA. The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, the Privacy Policy) and procedures that may be published from time to time on this Website by AH/BNA (“Agreement”).

Please read this Agreement carefully before accessing, establishing an account, or using the Website. By accessing or using any part of the Website, each user (“You”, “Your” or “User”) agree to the terms and conditions of this Agreement. If You do not agree to all the terms and conditions of this Agreement, then You should not access the Website, establish an account on the Website, or use any services made available via the Website. ONLY USERS WHO ARE AT LEAST 13 YEARS OLD MAY CREATE AN ACCOUNT.

​

1. Your Account and Site. If You create an account on the Website, You are responsible for maintaining the security of Your account, and You are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must not post data, text, graphics, software code, audio files, video files, images, documents, materials, comments, content, or any other information (collectively, “Content”) to Your account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others. AH/BNA may, at its discretion, but not its obligation, change or remove any Content that it considers inappropriate or unlawful. You must immediately notify AH/BNA of any unauthorized uses of Your account or any other breaches of security. AH/BNA will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
    

2. Responsibility of Users. If You post Content to the Website, or otherwise make (or allow any third party to make) Content available by means of the Website, You are entirely responsible for the Content and any harm resulting from the Content. That is the case regardless of the type or format of the Content. By making Content available, You represent and warrant that:
    

a. Not Harmful. The Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;

b. Not Spam. The Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);

c. Not Defamatory. The Content is not libelous or defamatory, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;

d. Not Misleading. Your login is not named in a manner that misleads Your readers into thinking that You are another person or company. For example, Your login name is not the name of a person other than Yourself or company other than Your own; and

e. Not Advertisement. Your content is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, journals, and web sites, and similar unsolicited promotional methods.
 

3. Content Agreement, Representations, and Permissions. By creating an AH/BNA account and submitting Content to AH/BNA for inclusion on the Website, You understand and agree that the purpose of AH/BNA is for educational and entertainment purposes, the Content will be used for educational and entertainment purposes and, as a result, the Content may be used, copied, shared, distributed, or downloaded by anyone who accesses AH/BNA. Furthermore, You grant AH/BNA a perpetual, world-wide, royalty-free, and non-exclusive license to reproduce, distribute, display, modify, adapt, and publish the Content for promotional, educational and entertainment purposes. You represent and warrant that: (a) You own and control all of the rights to the Content that You post or you otherwise have the right to post such Content to the Site; (b) the Content is accurate and not misleading; and (c) use and posting of the Content You supply does not violate these Terms of Use and will not violate any rights of or cause injury to any person or entity.
 

4. Account Termination. Without limiting any of those representations or warranties, AH/BNA has the right, but not the obligation, in AH/BNA’s sole discretion, to terminate or deny access to and use of the Website to any individual or entity for any reason. In the event of any such termination, AH/BNA will have no obligation to provide a refund of any amounts previously paid.
 

5. Responsibility of Website Visitors. AH/BNA has not reviewed, and cannot review, any Content posted to the Website, and, therefore, cannot be responsible for any Content, use of any Content by You, or effects of any Content to You. By operating the Website, AH/BNA does not represent or imply that it endorses the Content posted to the Website, or that it believes such Content to be accurate, useful, or non-harmful. You are responsible for taking precautions as necessary to protect Yourself and Your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain Content that is offensive, indecent, or otherwise objectionable, as well as Content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain Content that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. AH/BNA disclaims any responsibility for any harm resulting from the use by You of the Website, or from any downloading by You of Content posted to the Website.
 

6. Non-Commercial Use. You agree not to use the Website or AH/BNA for commercial purpose without prior authorization which may be withheld in AH/BNA’s sole discretion, or for any illegal, unlawful, inappropriate, or unauthorized purpose or activity. You further agree not to threaten, abuse, solicit, spam, harass, stalk, impersonate or intimidate other AH/BNA Users and not to collect or store any location or other personal information about any AH/BNA Users that You obtain from the Website.
 

7. Disclaimer Regarding Other Websites. We have not reviewed, and cannot review, all of the Content made available through the Website, or to other websites, and webpages to which AH/BNA links, and webpages that link to the AH/BNA Website. AH/BNA does not have any control over non-AH/BNA websites and webpages, and is not responsible for their contents or their use. By providing a link to a non-AH/BNA website or webpage, AH/BNA does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect Yourself and Your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. AH/BNA disclaims any responsibility for any harm resulting from Your use of non-AH/BNA websites and webpages.
 

8. Copyright Infringement and DMCA Policy. AH/BNA respects the intellectual property rights of others, and requests that users of the AH/BNA Website do the same. All non-User Content, including copyrightable works, trademarks, service marks, and patentable inventions on the AH/BNA Website are the property of AH/BNA, or other AH/BNA users.

If You believe that Your work has been copied on the Website in a way that constitutes copyright infringement, please provide AH/BNA’s Copyright Agent with the information specified below in the form of a “Notification of Alleged Infringement.” It is AH/BNA’s policy to respond to clear Notifications of Alleged Infringement, and our policy is designed to make submitting Notifications of Alleged Infringement as straightforward as possible while reducing the number of Notifications that we receive that are fraudulent or difficult to understand or verify. If You are concerned about the removal of or blocked access to your content, please provide AH/BNA’s Copyright Agent with a “Counter-Notification.” The process specified below is consistent with that provided under the Digital Millennium Copyright Act (“DMCA”) (the text of which can be found at the U.S. Copyright Office Website at http://www.copyright.gov).
 

a. DMCA Notification of Alleged Copyright Infringement
 

If You would like to submit a claim of copyright infringement, please substantiate each claim by sending AH/BNA’s Copyright Agent a Notification of Claimed Infringement to legal@americashistories.com.

Detail of what an effective Notification of Alleged Infringement must include is available at the U.S. Copyright Office Website at http://www.copyright.gov.
 

b. DMCA Counter-Notification
 

If You elect to submit a Counter-Notification, please send the AH/BNA Copyright Agent a Counter Notification AT EMAIL:   

Detail of what an effective Counter-Notification must include is available at the U.S. Copyright Office Website at http://www.copyright.gov.
 

AH/BNA will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of AH/BNA or others, AH/BNA may, in its discretion, terminate, or deny access to and use of the Website. In the case of such termination, AH/BNA will have no obligation to provide a refund of any amounts previously paid to AH/BNA.

​

9. Intellectual Property. This Agreement does not transfer to You any AH/BNA, or any other third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with AH/BNA. All patents, copyrights, trademarks, service marks, graphics, and logos used in connection with AH/BNA, or the Website are patents, copyrights, trademarks, or registered trademarks of AH/BNA, or AH/BNA’s licensors. Other patents, copyrights, trademarks, service marks, graphics, and logos used in connection with the Website may be the patents, copyrights, or trademarks of other third parties. Other than permissible use within fair use legal principles, Your use of the Website grants You no right or license to reproduce or otherwise use any AH/BNA or other third-party patents, copyrights, or trademarks.

​

10. Changes to Terms of Use. AH/BNA reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is Your responsibility to check this Agreement periodically for changes. Notice of material changes to these Terms of Use will be posted at the beginning of these Terms of Use. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. AH/BNA may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

​

11. Termination. AH/BNA may terminate Your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If You wish to terminate this Agreement or Your AH/BNA account, then You may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

​

12. Disclaimer of Warranties. The Website is provided “as is.” AH/BNA and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement. Neither AH/BNA nor its suppliers and licensors make any warranty that the Website will be error free, or that access thereto will be continuous, or uninterrupted. You understand that You download from, or otherwise obtain content or services through, the Website at Your own discretion and risk.

​

13. Limitation of Liability. In no event will AH/BNA, or its suppliers or licensors be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (a) any special, incidental or consequential damages; (b) the cost of procurement or substitute products or services; (c) interruption of use or loss or corruption of data; or (d) any amounts that exceed the fees paid by You to AH/BNA under this Agreement during the 12- month period prior to the cause of action. AH/BNA shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

​

14. General Representation and Warranty. You represent and warrant that: (a) Your use of the Website will be in strict accordance with the AH/BNA Privacy Policy, with this Agreement, and with all applicable laws and regulations (including without limitation any local laws or regulations in Your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which You reside); and (b) Your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

​

15. Indemnification. You agree to indemnify and hold harmless AH/BNA, its contractors, and licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorney fees and costs, arising out of Your use of the Website, including but not limited to Your violation this Agreement.

​

16. General Provisions. This Agreement constitutes the entire agreement between AH/BNA and You concerning the subject matter hereof, and may be modified only by a written amendment signed by an authorized executive of AH/BNA, or by AH/BNA posting a revised version of these Terms of Use. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the State of Colorado, U.S.A., excluding its conflict-of-law provisions, and the proper personal jurisdiction, subject matter jurisdiction, and venue for any disputes arising out of, or relating to any of the same will be the state and federal courts for El Paso County, Colo. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorney fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may not assign Your rights under this Agreement; however, AH/BNA may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns. America's Histories, Inc. is a for profit corporation, and contributions to it are NOT tax deductible as charitable donations.