Summary of Terms & Conditions
This web site required both cookies and JavaScript to be enabled for
its correct operation and is a condition of use of the HistoryMole Service.
The following Categories of User are available:
Casual User: |
No registration required.
Free of charge.
Access limited by data volume,
Quota: 2000 Records or 10 Queries. |
Registered User: |
Registration and log-on required.
Free of charge.
Single User per UserID.
Access limited by data volume,
Quota: 6000 Records or 30 Queries. |
Subscribed User: |
Registration and log-on required.
Annual fee payable (see pricing).
Virtually unlimited data volume.
Single User per UserID,
Quota: 10000 Records or 150
Queries. |
Subscribed Organization: |
Registration and log-on required.
Annual fee payable (see pricing).
Virtually unlimited data volume.
Multiple User per UserID,
Quota: 12000 Records or 300 Queries. |
In order to use the HistoryMole Service, all visitors agree to be
bound by the Full Terms & Conditions below.
HistoryMole Full Terms & Conditions
1. Introduction
This Agreement is a legal document which sets out your rights and obligations, and those of
Runes Limited, a company registered in England under registration no.
3608551 ('HistoryMole', 'HistoryMole.com', 'we' or 'us'), in relation to this site and the services offered by
HistoryMole through it (the 'HistoryMole Service').
By registering for the HistoryMole Service, you agree to the terms of this Agreement, and you re-affirm that agreement every time you use it. Visitors to the
HistoryMole Service ('Casual Users') who do not register to become a Member (see 2 below) similarly affirm that they are bound by this Agreement each time they access the
HistoryMole Service. You should be aware that this Agreement may change from time to time in accordance with Clause
21 below.
We are not an internet service provider, however. In order to avail of the
HistoryMole Service, you must have internet access and all the software (and skills) required for email and web usage.
2. Categories of Member
People who register for the HistoryMole Service become "Members". They must be at least 18 years of
age, or have the consent of their legal guardian.
The Membership divides between the following categories:
- Registered User, fee of charge.
- Subscribed User, annual subscription fee.
- Subscribed Organization, annual subscription fee.
As well as being able to browse the HistoryMole Service like any
Casual User, Members may additionally:
- receive an increased data access quotas.
- opt to receive emailed messages, which are selected during the Registration process (as added to, or de-selected,
subsequently in 'My Profile').
Registered Users and Subscribed Users will be entitled to use a single UserID
with its associated password, for themselves only. It is Users' responsibility not to disclose the password or permit other
individuals
or organizations to use their UserID.
Subscribed Organizations may disclose the UserID and its associated password
to
members of their own organization only as long as those persons normally
work at the same address.
3. Registration
You undertake to register for the HistoryMole Service using accurate and current information about yourself.
If you are asked for, and provide, details of a credit, debit or charge card; in that event, you must ensure that (a) you are fully entitled to use that card, and (b) it has available funds sufficient to cover the charges which are deducted from it.
As part of the registration process for the HistoryMole Service, you will receive a verification email, the purpose of which is to take reasonable steps to ensure that the email address you have nominated during registration is controlled by you. That email contains simple instructions which you must follow.
4. Subscription Fees
If you decide to become a Subscribed User or a Subscribed Organization, and therefore pay our
subscription fee, you are agreeing to take the facilities we make available to you shortly after that fee is paid. You will not be entitled to any refund of that fee. Your
subscription will last for twelve months. If you wish to continue
subscribing after the expiry of that twelve month period, we will enable you to do so, at our then-current terms and prices.
We reserve the right to change the amount of the subscription fees, the period which it covers, the services which it enables you to obtain and other factors from time to time. However, these changes, unless they are changes under Clause 8 or Clause 9 below, will not affect your then-current
subscription.
You acknowledge that we are entitled to alter the amount or the basis of the calculation of our fees from time to time, provided that such amount or basis is clearly stated at the time when you agree to take the relevant
HistoryMole Service.
Fees paid by Members will not be rebated or refunded by HistoryMole, unless the
HistoryMole Service for which the Member has subscribed is completely withdrawn from that Member by us other than in circumstances permitted under this Agreement.
We may add new or ancillary services from time to time which require the payment of fees, either to us or a nominated third party, on terms which will be provided to you at the time.
5. Privacy policy
HistoryMole's Privacy Policy forms part of this Agreement, and by agreeing to this Agreement, you also give your consent to the way we may handle your personal data in that policy. Given the global nature of the World Wide Web, any posting on the
HistoryMole Service (including any which contain personal information) is, of course, accessible to internet users around the world.
6. HistoryMole's Role
You, whether you are a Member or just a non-Member who visits the HistoryMole
Service, acknowledge that we are not and cannot be
responsible for the behavior of Members - whether on the HistoryMole Service or outside of it. We only provide a venue where the
HistoryMole Service may be accessed.
In particular, you should be aware that although HistoryMole will
take reasonable steps to vet the substance of the information presented,
we take no responsibility for its accuracy or completeness.
7. Additional Services
HistoryMole or its affiliates may offer new or additional services through the
HistoryMole Service from time to time. Your use of those services may be subject to additional
Terms & Conditions, or rules of use, which you must comply with. Provided that those terms or rules are notified to you on the
HistoryMole Service in an appropriate manner (as determined by HistoryMole
in its reasonable discretion), any failure by you to comply with a material provision of the terms or rules governing those services will amount to a breach of this Agreement.
8. Operation of HistoryMole Services
HistoryMole reserves the right to withdraw or modify one or more aspects of the
HistoryMole Service where we have legal or technical reasons to do so (including technical difficulties experienced by
HistoryMole or on the Internet). There may also be times when the HistoryMole
Service becomes unavailable, whether on a scheduled or unscheduled basis. For security or other reasons, we may require you to change password or other information which facilitates access to the
HistoryMole Service.
9. Misuse of HistoryMole Service
We reserve the right to suspend or terminate any Member's access to the
HistoryMole Service, or parts of it, if the relevant Member appears to us to be in breach of any provision of this Agreement. Any person whose access has been suspended or terminated must not re-register for, or re-access, the
HistoryMole Service without our prior consent. You are responsible for everything which is done on or through the
HistoryMole Service while you are using the HistoryMole Service, or through your email
address(es).
10. Withdrawal of Material
Each Member acknowledges that we are entitled to withdraw any material
on the HistoryMole Service which appears whether based on information
received from Members or others, or our own determination to be capable of
breaching any part of this Agreement, or to bring the HistoryMole Service into disrepute. However, each user acknowledges that we do not
monitor material which appears on the HistoryMole Service, and that we
are reliant upon you and all users to notify us of anything you see here
which appears likely to breach this Agreement, using the notification
techniques which are made available on the HistoryMole Service.
11. Prohibitions
The HistoryMole Service is intended to be used by its Members for
the purposes referred to in Clause 2 above. Accordingly, Members must not:
- place material on, or otherwise use, the HistoryMole Service for
any business or commercial purpose; or
- use your access to the HistoryMole Service, or information
gathered from it, for the sending of unsolicited bulk email (sometimes
known as spam).
You are responsible for ensuring that no material you post, or which is posted through a
computer on which you access the HistoryMole Service, nor any activity or communication you make in connection with any
HistoryMole Service, will be capable of:
- infringing the intellectual property or other rights of any person or entity,
- breaching any applicable law, whether criminal, tortious or otherwise, or
- appearing to be offensive, threatening, obscene, pornographic, false, unreliable or misleading.
12. Alerting HistoryMole
If you see anything on the HistoryMole Service which appears to
infringe this Agreement, then please contact us to inform us of it by
emailing us at .
13. Disclaimer and Release
HistoryMole has no control over or responsibility for the truth or accuracy of any material available on the
HistoryMole Service, whether provided by Members or others.
If any third party sites are linked to from the HistoryMole Service, this does not mean that we endorse or have any responsibility for the site in question or anything which appears on it.
You should exercise no lesser degree of caution in appraising what you see on the
HistoryMole Service than you do offline.
Even though Members are prohibited from doing so, people may provide information, or otherwise behave, in a way that is unreliable, misleading or even illegal. Further, you should note that people may not necessarily be who they say they are.
Your use of the HistoryMole Service is entirely at your own risk.
Accordingly, to the extent that the law permits, you release HistoryMole
its directors, contractors and employees from all liability arising out of or in connection with the
HistoryMole Service and the material included here by Members and other third parties.
14. Copyright and Intellectual Property
You acknowledge that all copyright, trade marks, and other intellectual
property rights in and relating to the HistoryMole Service (including the
material which is contributed by Users) are owned by HistoryMole.
You may use the Information retrieved from the HistoryMole Service only for your own personal,
educational or non-commercial use which means that you may not sell, resell, retransmit,
show in public, create any derivative work or otherwise make the Information retrieved from the
HistoryMole Service available in any manner or on any media to any third party unless unless properly licensed to do so by
us in writing.
By submitting any material to the content to the HistoryMole Service, you:
- are representing that you are fully entitled to do so;
- grant us a non-exclusive, royalty-free, non-terminable license right to copy, modify, distribute, show in public and create derivative works from that material in any form, anywhere; and
- authorise us to adapt the relevant material in the course of doing so, and so waive your moral rights to object to any derogatory treatment, or to be identified as the author, of the material in question.
15. Excluded Loss
We will not be liable to you or any third party for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business, howsoever caused (whether arising out of any negligence or breach of this Agreement or otherwise).
HistoryMole will also not be liable for any failure to perform of its obligations under this Agreement caused by matters beyond its reasonable control.
16. Maximum liability
Without limiting the Clause 15, during any period of twelve months, the aggregate liability of
HistoryMole under this Agreement (whether arising in negligence or otherwise) will not under any circumstances exceed the greater of (a) £5, or (b) an amount equal to the sums paid by you to us by way of
Subscription fees during the relevant period of twelve months, regardless of the cause or form of action.
17. Non-excluded Liabilities
Nothing in this Agreement limits HistoryMole's liability for death or personal injury resulting from our negligence, or any other liability which may not by law be excluded. Any statutory rights you may have as a consumer remain unaffected.
18. Indemnity
You agree to indemnify us against all liabilities, claims and expenses that may arise from any breach of this Agreement by you or through a
computer on which you access the HistoryMole Service.
19. Assignment
We reserve the right to assign this Agreement, and to assign or subcontract any or all of our rights and obligations under this Agreement. You may not without the written consent of
HistoryMole assign or dispose of this Agreement.
20. Entire Agreement
This Agreement includes our privacy policy. Together they contain the whole of the agreement between us and you concerning the
HistoryMole Service and they replace all earlier agreements and understandings with you, except for any fraud or fraudulent representation by either of us. A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of this Agreement.
21. Changes to this Agreement
HistoryMole reserves the right to change this Agreement from time to time, and post the new version on the
HistoryMole Service. When we do so, we will notify you of the fact that there are changed terms on the main screen
(www.historymole.com), and the new version of these Terms & Conditions
will take effect, and will govern all
HistoryMole Services and your relationship with HistoryMole:
- commencing four weeks after the date of posting (or such later date as
HistoryMole indicates in the relevant posting), if any of the changes is to an operative provision of this Agreement which is capable of adversely affecting you; if you do not wish to be governed by the new version of the Agreement, you may notify us on or before the date when the new version of the Agreement is to take effect, and from that date you must cease to use the
HistoryMole Service; or
- immediately upon the date of posting (or such later date as HistoryMole
indicates in the relevant posting), if the changes are not to operative provisions, or not capable of adversely affecting you - examples of which would include, without limitation, changes to one or more of
HistoryMole's addresses or email addresses referred to in this Agreement.
22. Severability
In the event that any term of this Agreement is held to be invalid or unenforceable by judicial decree or decision, the remainder of this Agreement shall remain valid and enforceable.
23. Law
This Agreement shall be governed by and construed in accordance with the laws of England and Wales.
24. Contact
You can contact us via email at .
Please make sure you include your email address (and for registered
User categories, your UserID) with all correspondence.
25. Effectively Date
This version of the Terms & Conditions became effective on 2 May 2002
at midnight GMT.
|