Terms of Service


Please take the time to read this entire agreement ("Agreement") governing your responsibilities (hereinafter, "you", "your" or "user") and use of the Vintage Hamilton Watch Forum (www.vintagehamilton.com) Web site (the "Site"). Failure to adhere to your responsibilities under this Agreement will result in termination of your account and/or may expose you to liability. The Site is owned by Mark Cardelucci (collectively with the Site, the "Hamilton Forum", "us" or "we").

Acceptance of Terms

IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OF USE PLEASE DO NOT USE THIS SITE, BECAUSE BY USING THIS SITE YOU WILL BE DEEMED TO HAVE IRREVOCABLY AGREED TO THESE TERMS.

Please note that these Terms of Use may be revised and reissued without notice at any time by updating this posting. You should visit this page regularly to review the current Terms of Use, since your continued use of the Site will be deemed as irrevocable acceptance of any revisions. These Terms of Use were last updated on June 14, 2011.

Registration

To access this Site or some of the resources it has to offer, you may be asked to provide registration details. It is a condition of use of this Site that all the details you provide will be correct, current, and complete. If we at the Hamilton Forum believe the details are not correct, current, or complete, we have the right to refuse you access to the Site, or any of its resources, and to terminate or suspend your account.

Unless we have received a properly completed and acceptable parental consent form governing your use of this Site, we will assume (and by using this Site you warrant that) you have legal capacity to enter into the agreement set out in these Terms of Use (i.e., that you are of sufficient age and mental capacity and are otherwise entitled to be legally bound in contract).


How To Contact Us

Please forward any comments or questions to mark@vintagehamilton.com.


Your Use of Materials

Your right to make use of this Site and any content appearing on it is subject to your compliance with these Terms of Use. Modification or use of the content on this Site for any purpose not permitted by these Terms of Use is prohibited. You may access and display content displayed on this Site for non-commercial, personal, entertainment use on a single computer only. The content on this Site may not otherwise be copied, reproduced, republished, uploaded, posted, transmitted, distributed, disseminated or used in any way unless specifically authorized by the Hamilton Forum. Any authorization to copy content granted by the Hamilton Forum in any part of this Site for any reason is restricted to making a single copy for non-commercial, personal, entertainment use on a single computer only, and is subject to your keeping intact all copyright and other proprietary notices. Using any content on any other web site or networked computer environment is prohibited. Also, decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software on this Site into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software, is prohibited.

Disclaimer of Warranties

YOUR USE OF THIS SITE IS AT YOUR OWN RISK. VINTAGEHAMILTON.COM AND ALL THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES AND OTHER CONTENT IN VINTAGEHAMILTON.COM ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE HAMILTON FORUM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE HAMILTON FORUM DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SITE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE HAMILTON FORUM'S WEB SITES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE HAMILTON FORUM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT IN VINTAGEHAMILTON.COM OR ANY SITES LINKED TO VINTAGEHAMILTON.COM IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE HAMILTON FORUM MAKES NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT ON VINTAGEHAMILTON.COM WILL NOT INFINGE THE RIGHTS OF OTHERS AND THE HAMILTON FORUM ASSUMES NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR ERRORS OR OMMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT OF VINTAGEHAMILTON.COM. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

Limitation of Liability

THE HAMILTON FORUM DOES NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNATIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, VINTAGEHAMILTON.COM OR THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON VINTAGEHAMILTON.COM, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF THE HAMILTON FORUM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU (AND NOT THE HAMILTON FORUM) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

Forums

THE MATERIALS, INFORMATION AND OPINIONS INCLUDED AND/OR EXPRESSED IN OR ON BULLETIN BOARDS, CHAT ROOMS, COMMUNITY PAGES OR OTHER FORUMS ON THIS SITE ("FORUMS") ARE NOT NECESSARILY THOSE OF THE HAMILTON FORUM OR ITS AFFILIATED OR RELATED ENTITIES OR CONTENT PROVIDERS. THE HAMILTON FORUM DOES NOT UNDERTAKE TO MONITOR OR REVIEW FORUMS, AND THE CONTENT OF FORUMS IS NOT THE RESPONSIBILITY OF THE HAMILTON FORUM. THE HAMILTON FORUM MAY REMOVE OR MODIFY ANY CONTENT WITHOUT NOTICE OR LIABILITY AT ANY TIME IN ITS SOLE DISCRETION. ANY USE OF THE FORUMS WILL BE AT YOUR OWN RISK AND WILL BE SUBJECT TO THE DISCLAIMERS AND LIMITATIONS ON LIABILITY SET OUT ABOVE.

Postings and E-mail Communications

The Hamilton Forum is interested in hearing from you regarding your questions or comments about our Site. Please know, however, that any material you send to us will not be treated as confidential.

Please act responsibly when using this Site. You may only use this Site and its contents for lawful purposes and in accordance with applicable law and you are prohibited from storing, distributing or transmitting any unlawful material through this Site. You may not collect or store personal information regarding other users. You recognize that storing, distributing or transmitting unlawful material could expose you to criminal and/or civil liability. You agree that if a third party claims that material you have contributed to the Site is unlawful, you will bear the burden of establishing that it is lawful. You understand and agree that all materials publicly posted (other than by the Hamilton Forum) or privately transmitted on or through this Site are the sole responsibility of the sender, not the Hamilton Forum, and that you are responsible for all material you upload, post or otherwise transmit to or through this Site.

We at the Hamilton Forum require that you do not post e-mails or submit to or publish through Forums or otherwise make available on this Site any content, or act in a way, which in our opinion:

  1. libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
  2. seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
  3. infringes any intellectual property or other right of any entity or person, including violating anyone's copyrights or trademarks or their rights of publicity;
  4. violates any law or may be considered to violate any law;
  5. you do not have the right to transmit under any contractual or other relationship (e.g., inside information, proprietary or confidential information received in the context of an employment or a non-disclosure agreement);
  6. advocates or promotes illegal activity;
  7. impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
  8. advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship
  9. banners, and/or soliciting goods or services) except as specifically authorized on this Site;
  10. solicits funds, advertisers or sponsors;
  11. includes programs which contain viruses, worms and/or 'Trojan horses' or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
  12. disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via the Site;
  13. copies any other pages or images on this Site except with appropriate authority;
  14. includes MP3 format files;
  15. amounts to a 'pyramid' or similar scheme;
  16. amounts to 'data warehousing' (i.e., using any web space made available to you as storage for large files which are only linked from other sites). You must provide a reasonable amount of content to accompany such material in order that at least some of the traffic to your site comes directly via us;
  17. disobeys any policy or regulations established from time to time regarding use of this Site or any networks connected to this Site;
  18. contains links to other sites that contain the kind of content, which falls within the descriptions set out at (a) to (p) above.

In addition, you are prohibited from removing any sponsorship banners or other material inserted by the Hamilton Forum anywhere on this Site (e.g., on any web space made available for your use).

System Abuse

Without limitation, you agree not to send, create or reply to so called "mailbombs" (i.e., emailing copies of a single message to many users, or sending large or multiple files or messages to a single user with malicious intent) or engage in "spamming"(i.e., unsolicited emailing for business or other purposes) or undertake any other activity which may adversely effect the operation or enjoyment of this Site by any other person.

You may not reproduce, sell resell or otherwise exploit any resource, or access to any resource, contained on this Site.

Security

Any passwords used for this Site are for individual use only. You shall be responsible for the security of your password (if any). The Hamilton Forum shall be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that the Hamilton Forum considers insecure, the Hamilton Forum will be entitled to require this to be changed and/or terminate your account.

You are prohibited from using any services or facilities provided in connection with this Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g. password guessing programs, cracking tools or network probing tools) are strictly prohibited. If you become involved in any violation of system security, the Hamilton Forum reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents.

Investigations

The Hamilton Forum reserves the unfettered right to investigate suspected violations of these Terms of Use, including without limitation any violation arising from any submission, posting or e-mails you make or send to any Forum. The Hamilton Forum may seek to gather information from the user who is suspected of violating these Terms of Use, and from any other user. The Hamilton Forum may suspend any users whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate and without notice. If the Hamilton Forum believes, in its sole discretion, that a violation of these Terms of Use has occurred, it may edit or modify any submission, posting or e-mails, remove the material permanently, cancel postings, warn users, suspend users and passwords, terminate accounts or take other corrective action it deems appropriate. The Hamilton Forum will fully cooperate with any law enforcement authorities or court order requesting or directing the Hamilton Forum to disclose the identity of anyone posting any e-mails, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS THE HAMILTON FORUM FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE HAMILTON FORUM DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUNCE OF INVESTIGATIONS BY EITHER THE HAMILTON FORUM OR LAW ENFORCEMENT AUTHORITIES.

Service

In order to use this Site, you must obtain access to the World Wide Web and pay any service fee associated with that access. You will need to provide all equipment necessary to connect to the Site on the World Wide Web (including a computer, modem and/or other access devices).

The Hamilton Forum reserves the right to modify or discontinue, temporarily or permanently, all or any part of this Site and/or any software, facilities and services on this Site, with or without notice, and/or to establish general guidelines and limitations on their use.

Local Regulations

The Hamilton Forum makes no representation that Materials or other content in the Site are appropriate or available for use outside the United States, its territories, possessions and protectorates. If you choose to access the Site from other locations you do so on your own initiative and at your own risk. You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country you reside in.

Indemnity

You agree to indemnify and hold harmless the Hamilton Forum and its officers, directors, employees, agents, distributors, and affiliates from and against any and all claims, demands, liabilities, costs or expenses, including reasonable attorneys' fees, resulting from your breach of any of the foregoing provisions, representations or warranties, and/or from your placement or transmission of any content onto the Hamilton Forum's servers, and/or from any and all use of your account.

The Hamilton Forum's Use of Content

The Hamilton Forum will consider anything you provide to the Hamilton Forum and/or contribute to this Site as available for our use free of any obligations to you. Subject to the provisions of any additional terms, by posting or uploading any content to this Site and/or providing any communication or material to the Hamilton Forum ("User Content"), you automatically and irrevocably: (a) grant and assign to the Hamilton Forum any and all rights in the User Content throughout the world including without limitation all copyright, together with all consents (if any) necessary to enable its reproduction, distribution, modification, publishing and/or other exploitation by the Hamilton Forum and/or by any person authorized by the Hamilton Forum, by any means and in all media now known or hereafter devised without payment or other reference to you or any other person, and to advertise and promote such exploitation, for the full period of all such rights (together with any extensions and renewals) and insofar as possible in perpetuity; (b) waive all moral rights in the User Content which may be available to you in any part of the world and confirm that no such rights have been asserted; (c) appoint the Hamilton Forum as your agent with full power to enter into any document and/or do any act the Hamilton Forum may consider appropriate to confirm the grant and assignment, consent and waiver set out above; (d) warrant that you are the owner of the User Content and entitled to enter into these Terms of Use; (e) confirm that no such User Content will be subject to any obligation, of confidence or otherwise, to you or any other person and that the Hamilton Forum shall not be liable for any use or disclosure of such User Content.

Third-Party Sites

This Site may link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of the Hamilton Forum, and you acknowledge that (whether or not such sites are affiliated in any way with the Hamilton Forum) the Hamilton Forum is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of any site by the Hamilton Forum or any association with its operators.

Proprietary Online Services

Any area of this Site that is accessed through any proprietary online service is subject to the rules, policies and guidelines of such proprietary online service.

Jurisdictional Issues

The content in this Site is presented solely for the purpose of providing entertainment and information and promoting programs, films, music, and other products available in the United States, its territories, possessions, and protectorates. The Site is controlled and operated by the Hamilton Forum from its offices within the State of California, United States of America. These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the State of California, as they are applied to agreements entered into and to be performed entirely within California. Any action you, any third party or the Hamilton Forum may bring to enforce these Terms of Use or, in connection with any matters related to the Site shall be brought only in either the State or Federal Courts located in Orange County, California, and you expressly consent to the jurisdiction of said courts.

If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable for this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein.

Claims of Infringement

If you believe that any content appearing on this Site infringes your copyright rights, we at the Hamilton Forum want to hear from you. Please forward the following information in writing to us at the address listed below.

  1. your name, address, telephone number, and e-mail address;
  2. a description of the copyrighted work that you claim has been infringed;
  3. the exact URL or a description of each place where alleged infringing material is located;
  4. a statement by you that you have a good faith belief that the disputed use has not been authorized by you, your agent, or the law;
  5. your electronic or physical signature or the electronic or physical signature of the person authorized to act on your behalf;
  6. a statement by you made under penalty of perjury, that the information in your notice is accurate, that you are the copyright owner or authorized to act on the copyright owner's behalf.


The Hamilton Forum

Email: mark@vintagehamilton.com

The Hamilton Forum seeks to preserve any and all exemptions from liability that may be available under the copyright law, but does not necessarily stipulate that it is a service provider as defined in USC section 512(c) or elsewhere.