Terms & Conditions
Use of The 1939 Society’s Web site by any user (you) is subject to these Terms and Conditions of Service (the TOS). The 1939 Society may change the TOS from time to time without notice. Use of the Service after a change subjects you to the new terms of the TOS, which may be accessed on The 1939 Society’s Web Sites.
1. Description of Service
The 1939 Society currently provides users with access to a collection of resources and information on its Web sites, including The 1939 Society’s home sites, microsites, extranet sites, and future sites. You understand and agree that the Services are provided “AS-IS” and that The 1939 Society assumes no responsibility for the timeliness, deletion, misdelivery or failure to store any user data, communications or personalization settings. You are responsible for obtaining access to the Services, and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including fees associated with the display or delivery of any advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Services.
2. Registration, User ID, and Password
Some parts of the Services are accessed and controlled by user ID and password. If you are required to access an area of the Services with your user ID and password, you agree that you will not allow any other person or entity to use your user ID and password to gain access to that part of the Service. You further agree to notify The 1939 Society if you become aware of any unauthorized use of your user ID and password. If you register and obtain a user ID and password, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or any other applicable jurisdiction. You must provide complete and accurate information about yourself when prompted by any Services registration form, and you must maintain and promptly update your registration data to keep it complete and accurate. The 1939 Society may suspend or terminate your account and refuse you any current or future use of the Service (a) if you provide any information that is not complete and accurate, or (b) if BINK has reasonable grounds to suspect that any information you provide is not complete and accurate.
Subject to your compliance with this TOS, The 1939 Society grants you a personal, nontransferable, non-exclusive, terminable at will, license to use and display the Services and to download materials available through the Services, solely for personal, non-commercial purposes, provided that you do not do any of the following:
- Violate or infringe any of The 1939 Society’s proprietary or intellectual property rights;
- Violate or breach any provision of the TOS;
- Copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, modify the software in any manner or form, or use modified versions of the software, including (without limitation) in order to obtain unauthorized access to the Services
- Copy, modify, rent, lease, distribute, republish, retransmit, sell, lend, assign, transfer, create a security interest in, sublicense, frame, link to the Services, link to content included in the Services, convey any right in, or create any derivative works of the content of the Services or any software used in connection with the Services; and
- Do not access the Service by any means other than through the interface provided by The 1939 Society for use in accessing the Service.
5. Prohibited Actions
You may not take any of the following actions via the Services:
- Post or submit any material that is defamatory, libelous, obscene, indecent, abusive, threatening to others, or in violation of any law;
- Post or submit any material that infringes the patent, copyright, trademark, trade secret, right of publicity, right to privacy, or other intellectual property right of any third party;
- Harm minors in any way;
- Forge headers or otherwise manipulate identifiers to disguise the origin of any materials transmitted through the Services;
- Upload, post, email, transmit or otherwise make available any materials that you do not have a right to make available under any law or under contractual or fiduciary relationships, including, but not limited to, insider information, proprietary and confidential information learned or disclosed as part of an employment relationship or under any nondisclosure agreement;
- Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation;
- Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code or files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- Interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law;
- “Stalk” or otherwise harass another person or entity or do anything else The 1939 Society determines from time to time (with or without prior notice) to be prohibited;
- Upload, post, email, transmit or otherwise make available any material that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable.
- Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; or
- Collect or store personal data about other users. The 1939 Society may, in its sole discretion, restrict, bar, or block the access of any subscriber or user of the Services. Accessing the Services after you have been blocked or barred from the Services is an act of trespass.
6. Content Changes and Pre-screening
You acknowledge, consent, and agree that The 1939 Society may or may not pre-screen content, but that The 1939 Society and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any content that is available via the Services. Without limiting the foregoing, The 1939 Society and its designees shall have the right to remove any content that violates the TOS or is otherwise objectionable. You agree that you must evaluate and bear all risks associated with the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
7. Accessing and Disclosing Account Information.
You acknowledge, consent, and agree that The 1939 Society may access, preserve, and disclose your account, personal information, and content if The 1939 Society is required to do so by law or if The 1939 Society believes that such access, preservation, or disclosure is necessary or desirable for any of the following purposes:
- To comply with legal process;
- To enforce the TOS;
- To respond to claims that any content violates the rights of third-parties;
- To respond to your requests for customer service;
- To protect the rights, property, or personal safety of The 1939 Society, its users and the public; or